There is a common misconception in family law that “getting a lawyer” means you are “going to Court”. This can unfortunately lead to separating couples waiting for months, or sometimes even years, before they meet with a lawyer for the first time. By such time, the separated couple are likely to have had many arguments over the division of property and children’s matters, which fuels hostility and distrust and makes it difficult to negotiate. This can make resolving your matter significantly more stressful and expensive.

It is our experience that the earlier you meet with a lawyer, the better positioned you will be to take advantage of the alternative dispute resolution processes available, such as mediation and collaborative practice, and most likely avoid costly Court proceedings.

There are significant benefits, both financially and emotionally, in using alternative dispute resolution including:

• the processes are more private, informal, timely and cost-effective than Court proceedings;
• you and your former partner can negotiate an outcome that meets the needs of all involved, including the needs of your children;
• the focus is not on “winning” or “losing” but on what is “fair” and “reasonable”;
• can help to improve your post-separation relationship with your former partner by encouraging respectful communication and compromise; and
• you and your former partner will have much greater control over the outcome, rather than the Court making a decision for you.

Of course there are some matters in which Court proceedings are unavoidable, for example if there is urgency, family violence, child abuse or your former partner refuses to negotiate. If Court proceedings are the only option, one of our experienced family lawyers will advise you, prepare your case and represent you in Court to try and achieve the best possible outcome for you.

Rudstein Kron Lawyers is committed to facilitating a time and cost-effective resolution of your matter so that you can move forward with your life. Whether you are contemplating separating, separated, or divorced, we can help you to make an informed choice about the dispute resolution process that is best suited to your circumstances

This article provides information that is general in nature and not a substitute for legal advice. Please contact the author if you wish to obtain legal advice for your personal situation.

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