ADR

Many legal disputes can be resolved at an early stage, or before they reach a final Court hearing, by a process called Alternative Dispute Resolution (often referred to as ‘ADR’).   There are various types of ADR:

• Mediation
• Family dispute resolution
• Arbitration
• Independent dispute assessment

There are pros and cons to each of these types of ADR, depending on the particular kind of dispute.   But what they each have in common is that:

• They focus on moving forward and finding a resolution, rather than on assigning blame.
• They enable the persons involved in the dispute to retain at least some degree of control over the process and, in the case of mediation and family dispute resolution, over the ultimate outcome.
• They can help the persons involved to reach an early resolution of their dispute, as an alternative to what may in many cases otherwise be an emotionally draining and costly court process.

At BrisbaneChambers, we have a number of nationally-accredited mediators, family dispute resolution practitioners (‘FDRPs’), and members registered as arbitrators in connection with the arbitration provisions of the Family Law Act 1975 (Cth).   We also have specialist Barristers available to conduct independent dispute assessments.

Mediation

Mediation is a process conducted by an independent person who is trained in helping the persons involved in a dispute to explore possible ways of resolving their dispute.  The process is confidential.  The mediator is impartial and does not act as a judge or referee, but rather applies various techniques to open, or improve, dialogue between the parties, enabling the parties to identify their own possible options for resolution.

One of the main advantages of mediation is that the parties arrive at their own preferred solution, rather than having a decision or judgment imposed on them by a judge or other judicial officer.   If a dispute is not resolved and the dispute passes through the court process to a final decision or judgment, one or more of the persons involved may be disappointed with the outcome.   Mediation provides a method for a dispute to be resolved at an earlier stage, with a more certain outcome for everyone involved.

BrisbaneChambers has a number of nationally-accredited mediators available to mediate disputes in all areas of the law.  We also have a group of mediators who are specially qualified to conduct family law mediations.

Not all disputes are suitable for mediation, for example where there are serious allegations of misconduct or misbehaviour involved.  Our trained mediators can provide further details.

Family dispute resolution

In family law disputes involving children, there is a general requirement under the Family Law Act that before you can apply to the Court for a parenting order, you must undertake a process conducted by a ‘family dispute resolution practitioner’ (‘FDRP’), although there are some exceptions to this general rule.  Family dispute resolution practitioners are specially trained and accredited to conduct this process, which is similar to mediation.  If, having made a genuine effort to resolve the dispute, you do not or cannot (for various reasons) reach agreement, then the family dispute resolution practitioner may issue you with a certificate – often called a “section 60I Certificate”.  Generally, without such a certificate, you will be unable to start the litigation process.

BrisbaneChambers has a number of experienced Barristers who are accredited family dispute resolution practitioners.

Arbitration

Arbitration is a process by which the parties to a dispute seek to have the dispute considered and determined by an independent arbitrator, rather than by a court or tribunal.   Many commercial disputes are referred to arbitration.   The arbitration process is confidential, and is conducted by a highly-trained practitioner.  Like a court-imposed decision, the arbitrator’s decision is binding and enforceable.   The arbitration process offers finality, and is almost always quicker, and less formal and stressful, than litigation.

Under the Family Law Act, certain kinds of dispute that do not involve children’s matters are able to be referred to arbitration, as stated in section 10L of the Act.  Several members of Brisbane Chambers are specially-trained to arbitrate these disputes, and are registered as arbitrators on the national list maintained by the Australian Institute of Family Law Arbitrators and Mediators.

Independent dispute assessment

Many of our barristers at BrisbaneChambers have significant specialist experience in particular areas of the law, acquired over many years.   This enables them to consider the details of a dispute, and to provide an independent opinion on the likely outcome, or range of outcomes, if the matter were to proceed through the court process to a judgment or decision.   An opinion of this kind may be requested by the persons involved in the dispute, to give them a clear picture of the likely end result of the court process.   The opinion is not binding, but may help the persons involved in a dispute to reach a compromise before they incur significant costs in taking the dispute through the court process.

Independent dispute assessment is not suitable for all disputes, particularly those where there is a high level of conflict between the parties.

Contact our senior members of Chambers directly, for further information about independent dispute assessment.