Dispute Resolution

Designed to help parties reach their own mutually acceptable agreements, mediation is a proven method of dispute resolution. It can also be a more cost and time effective alternative to litigation.

One of the important features of mediation is the voluntary nature of the process - parties may withdraw from a mediation at any time. An essential part of productive negotiations is the willingness and capacity of parties to discuss and identify issues frankly, to make concessions and to compromise where appropriate. It is expected, however, that parties will participate in mediation in good faith and use their best endeavours to resolve their dispute.

The mediator is a neutral facilitator whose role it is to assist parties to reach an informed and voluntary settlement. The mediator will not make any decisions for parties or coerce parties to enter an agreement.

Mediators work with the parties, and their legal representatives, to:

• help identify issues
• explore alternatives
• generate options to assist parties to jointly resolve disputed issues
• make decisions about future outcomes and actions.

An independent mediator helps guide parties to reach a decision – they do not represent either party. Find out more about BN's mediation services here.

Collaborative Practice is a dispute resolution process in which a team of experts including lawyers, a neutral coach (usually a psychologist/social worker), a child consultant and a financial expert (if appropriate) will guide you to achieve an outcome that best meets the needs of your family.

This process is different to mediation as you and all the participants sign an agreement committing to resolve the dispute without going to Court.

Family Dispute Resolution is a confidential process where a trained Family Dispute Resolution Practitioner can help you reach your own agreement. The process can involve lawyers, or it can occur without lawyers (just the parents and the Family Dispute Resolution Practitioner). During the process the issues that are in dispute are discussed, different options to resolve the issues are considered and you will be encouraged to focus on the needs of your children. A Family Dispute Resolution Practitioner cannot give legal advice or impose a decision.

As part of Family Dispute Resolution, we work with Child Consultants who are experienced professionals who specialise in working with children and young people whose parents have separated.

Child Consultation is a process that will support you in hearing your child’s views and assist you to understand the separation from your child’s perspective. All communication between the child and the child consultant remains confidential and the consultant works with the child in formulating feedback and information that will assist you in your decision making.

We will guide you in implementing the agreements and where necessary ensure you obtain support at the ‘back end’ once the parenting arrangements have been agreed to by obtaining the assistance of a Parenting Coordinator.

A Parenting Coordinator is a neutral, trained professional that you and your former partner engage to assist you with conflict management and any disputes that may arise when you start to implement the parenting arrangements. They also provide guidance as to the effect of conflict on your children, managing conflict more effectively and communicating in a way that minimises conflict.

Parenting coordination can be ordered by a court, or it can be a voluntary process.

Whether court ordered or voluntary, we work with specialist practitioners who can help your family try to improve the relationship between parents and their children, reintroducing a parent and child who have become estranged, improving communication between parents, and assisting with managing conflict.

Arbitration is only available for financial disputes. It is a process whereby parties will jointly engage an arbitrator who will decide their matter for them on the evidence presented. It is a non-judicial process, but the role of arbitrator is like that of a judge in litigation. Arbitrators are senior legal practitioners who have been specially trained and accredited in arbitration. If proceedings have already been filed, a court may order arbitration if the parties’ consent. Parties can also agree to private arbitration, without having first filed in a court.

Both parties must consent to engage the arbitrator, and the arbitration process can be tailored to the parties’ needs by agreement between the parties, their lawyers, and the arbitrator. For example, the parties can choose whether witnesses will be cross examined, including the parties themselves, within the arbitration hearing or whether the hearing will proceed on oral and/or written submissions only by the legal representatives. The process can also be tailored to the parties’ needs and may provide a timely method of resolution. Ultimately, the arbitrator will decide the matter and publish the decision by way of an Arbitration Award, which is binding on the parties.

We understand that sometimes going to court is inevitable. If we’ve exhausted all appropriate avenues of dispute resolution and parties are still unable to reach agreement, our team has the skill and depth of experience to represent you in court, including the preparation and filing of all court documents.