Jonson Leo

Going to court is not always the answer. In fact, for the majority of separating couples, it is not the answer at all. Most family disputes are resolved through some form of negotiation or alternative dispute resolution, and reaching that resolution earlier rather than later saves time, money and a significant amount of stress.

As family dispute lawyers in Glen Iris, we guide clients through every available pathway to resolution. That means understanding which approach suits your circumstances, preparing you properly for each stage, and making sure you are never negotiating from a position of uncertainty.

Negotiation is almost always the right first step

Whatever stage your matter is at, negotiation should be on the table. Before court documents are filed. During proceedings. Even on the day of a final hearing. The opportunity to reach an agreement does not disappear once lawyers are involved. In many cases, it improves.

The form negotiation takes can vary considerably. At its simplest, it is a conversation between parties after both have received proper legal advice. At a more structured level, it involves lawyers and clients sitting together in a round table conference, working through the issues with full information on both sides.

The key in every case is that you go into any negotiation knowing exactly where you stand legally, what a court is likely to do if things do not settle, and what outcome is genuinely worth accepting. That is the advice we give before anyone sits down at a table.

The dispute resolution pathways available to you

There is no single route through a family dispute. The right pathway depends on how complex your matter is, how willing the other party is to engage, and where you are in the process. Here is how the main options work in practice:

Mediation

Mediation involves an independent, experienced third party working with both parties to explore options and reach an agreement. The mediator does not take sides or make decisions. Their role is to facilitate a productive conversation that the parties might not be able to have on their own.

It can run over several sessions of a few hours each, or as a single full day or half day depending on what suits everyone involved. Some courts will direct parties to attempt mediation before a matter proceeds to trial. In other cases it is voluntary, which means both parties need to agree to participate.

If mediation does not produce a resolution, you retain the right to take the matter to court. We connect our clients with experienced, skilled mediators and prepare you thoroughly so the time spent in mediation is productive.

Case assessment conference

Once court proceedings have been filed, a case assessment conference becomes available. A court-appointed Registrar, who is a lawyer with significant family law experience, facilitates the conference. Because both parties have filed documents by this point, everyone arrives at the table with a clear understanding of the issues.

This process resolves a large proportion of matters that reach it. For those it does not fully resolve, it typically moves things in the right direction and narrows the outstanding issues considerably. It represents strong value given it is available for the cost of the court filing fee.

Conciliation conference

If a matter is still unresolved after a case assessment conference, a conciliation conference is the next step. This is a structured three-hour session facilitated by a court-appointed Registrar. By this stage, documents have been filed, valuations are typically in place, and the real issues are clearly identified.

The settlement rate at conciliation conferences is high. Most property matters of moderate complexity resolve here. Again, this is available within the cost of proceedings, making it a highly cost-effective step for matters that have not settled earlier.

Negotiating at the door of the court

Even at interim hearings and on the day of a final trial, settlement remains possible. Parties and their lawyers are present, everyone understands the case, and the focus is entirely on resolution. Some of the most difficult disputes settle at this point, often because the reality of what a judge might decide becomes very clear.

We prepare our clients for every procedural step with this in mind. The opportunity to settle never fully closes, and we stay ready to negotiate effectively at any stage.

Collaborative law

Collaborative law is a structured process where both parties and their lawyers sign an agreement committing to resolve the dispute without going to court. If either party changes their mind and decides to litigate, both sets of lawyers must withdraw and new representation is required.

This creates a strong incentive for everyone involved to work toward settlement. It is a formal process that involves multiple meetings and can be time consuming. It suits some clients well, particularly where both parties are genuinely committed to a cooperative approach. We will advise you honestly about whether it is the right fit for your situation.

Talk to a family dispute lawyer in Glen Iris

The sooner you understand your options, the better placed you are to choose the right path. Whether your matter is straightforward or has become complicated, we will give you a clear assessment of where things stand and what approach is most likely to get you to a good outcome without unnecessary cost or delay.

Call us on 03 9793 7888 to arrange a free initial consultation.