Typically, family conflicts and disputes can happen for a variety of reasons. Whether it’s about divorce, child custody issues, or disagreements about money, among many others, these family issues can be stressful to everyone involved. And, depending on the extent of the problems, they may seem impossible to resolve in the easiest and fastest way.
Fortunately, there are several possible remedies for settling family law disputes. These can include:
One of the easiest remedies for resolving family law issues is negotiating directly with the other person involved. During negotiation, both parties will discuss the differences between them to settle the problem as soon as possible. Also, the negotiation can happen anywhere, such as over a dining table or at a law office.
In other words, the parties can negotiate with the other party with the help of another person. But, regardless of the situation, the parties need to consult professionals like family lawyers Melbourne or wherever they may be located to know what to do, and get familiar with their rights and obligations. That way, the negotiation process will go as smoothly as possible.
- Family Dispute Resolution
This is another possible remedy for resolving family law disputes. Family dispute resolution (FDR) occurs when former partners meet, with the assistance of a trained family law mediator to sort out the issues they disagree about. These problems may have something to do with child custody and support, and many others.
Moreover, partners who decide to use FDR can enjoy several benefits. For example, going through a family dispute resolution can help parties reach an agreement that would last longer because both of them made the decisions voluntarily. They can also save time and stress by achieving an outcome that doesn’t involve a trial in the family court. Lastly, by using FDR, the parties involved can minimize the possibility of hostility in their relationships through effective communication.
- Family Arbitration
This is also another remedy used to resolve family law disputes between couples and other family members. The primary objective of arbitration is to come up with a final decision about the problem, which is binding among them. Whether parties have disagreements about money, property, or child custody, they can use this alternative dispute resolution method to reach a fixed outcome and move on with their lives.
Typically, a family arbitration works by selecting an arbitrator who can help make the final decision for the parties. The parties would provide information about their family issues to the arbitrator, and that neutral party would consider every detail before they decide on the dispute.
Moreover, with the arbitration, resolving the family law disputes would be much quicker than going through a lengthy and time-consuming court trial.
- Collaborative Family Law
This can be a legal practice method wherein both parties’ lawyers help their clients settle the conflict without using litigation and other adversarial techniques. These legal professionals, for instance, have specialized training in using cooperative strategies to get parties to agree about their issues, providing support to them to speak honestly with each other, and paying attention to dispute resolution that considers both parties. And, since most lawyers involved in this process usually agree in writing not to bring the dispute to court, they’re committed and motivated to settle for both parties.
Additionally, when parties use the collaborative family law method, they have to agree to the process voluntarily. This means they can’t be forced to use it to resolve their family law problems.
- Settlement Conference
Another possible remedy for family law disputes is to go through a settlement conference. It’s an excellent option for family members to negotiate a particular negotiation and reach agreements about their own situations. Generally, the purpose of a settlement conference is to figure out whether the parties involved can make mutual decisions on the family issues with the assistance of a judge, who’ll oversee the meeting.
Under this method, the parties are also allowed to bring their lawyers to the conference. The judge will, then, meet them so that they can present their positions. After hearing both sides, the court will meet with the opposing parties, and present offers and counteroffers. When both parties reach an agreement, their lawyers will create the document that the former reviews and signs.
In most cases, the legal representation involved in this method can be one of the reasons why parties need a family lawyer who can help them handle issues more effectively.
Sometimes, going to court for trial may seem the only way to resolve disputes relating to family law. However, settling these issues can also be done with some alternative methods.
Therefore, for parties with family issues, it’s best to keep these five possible remedies in mind to avoid court litigations from start to finish. In doing so, they can save time, money, and energy in the long run.