Settlement and Dispute Resolution in Family Law
95% of family law matters settle out of court
The overwhelming majority of family law disputes are resolved through settlement rather than proceeding to a final court determination. While most matters do reach a resolution, it is preferable for parties to settle early in the process, rather than waiting until the matter is “at the steps of the Court”. Settling late in the process often means that parties have already incurred significant legal costs and have spent years entangled in court proceedings, which could have been avoided by earlier resolution.
Family law disputes can be resolved in various ways, such as:
- Direct negotiations between the parties.
- Settlement talks with lawyers present.
- Mediation, with or without lawyers.
- Collaborative law, where both parties and their lawyers enter into a contract not to go to court and instead negotiate a settlement.
In fact the Australian family law system, including the Court, the Family Law Act 1975, and the Court’s Rules, is designed to encourage and facilitate parties to resolve their disputes without the need to go to court. Before permitted to commence court proceedings the parties involved in a family law dispute must comply with “pre-action” procedures to try and reach a settlement.
Our history regarding dispute resolution
At Turini McKean Law, we are committed to resolving family law disputes as efficiently as possible. Our focus is always on finding practical and timely solutions for our clients, helping them move forward without unnecessary delay or conflict.
Carlos Turini is passionate about alternative dispute resolution. He founded the ACT Law Society’s Alternative Dispute Resolution Committee. This committee, continues to operate and contribute to the development of dispute resolution practices today.
Carlos and Yolanda are both highly experienced lawyers who are fully prepared to represent clients in court when required. While our goal is to resolve matters amicably, we are ready to advocate for our clients’ interests should litigation become necessary.
Our approach is to support clients in seeking resolution rather than escalating disputes.
A key part of our role is to provide clear and practical advice at every stage of a case. We guide our clients on their options, discuss strategies, and highlight the importance of resolving disputes where possible, to achieve the best outcomes for them and their families.
Before commencing court proceedings, parties in a family law dispute are required to comply with “pre-action” procedures.
For children’s matters, a party seeking to start proceedings must make a “genuine effort to resolve that dispute”. The parties must:
- Obtain a certificate from an accredited family law dispute practitioner confirming that the party has attended, or attempted to arrange, mediation with the other party.[1]
- Demonstrate that the proposed application is in the “best interests of any child”, taking into account the child’s developmental, psychological, emotional, and cultural needs, as well as any potential harm to the child arising from parental disputes.[2]
- Provide the other party with a brochure prescribed by the Court, outlining the requirements for both parties to comply with pre-action procedures in children’s matters.[3]
Similarly, in family law property disputes, the party wishing to commence proceedings must also make a “genuine effort to resolve the dispute”. The parties must:
- Consider the potential impact on any child in relation to the property issues.
- Explore all possible options for settlement, identifying key issues early, and working to avoid drawn-out, unnecessary, or hostile exchanges.
- Take into account the principle of proportionality, ensuring that legal costs remain appropriate to the value of the dispute.
- Providing the other party with a brochure prescribed by the Court, outlining the pre-action procedure requirements for property matters.[4]
- If a party fails to comply with pre-action procedures, the court may order that party to pay costs.[5]
If you would like advice about alternative dispute resolution, please contact us:
Email: info@turinimckeanlaw.com.au or
Phone: +61 2 61983384
[1] Section 60(I) of the Family Law Act, 1975 (Cth). No certificate may be required in some circumstances, for example, if the application to be filed is urgent or if a party alleges to have been the victim of domestic violence from the other party
[2] Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 entitled “Pre-Action Procedures at Part 2, Clause 1(5)
[3] Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021at Clause 3 of Part 2 . See brochure entitled “Before you file – pre-action procedure for parenting cases (prescribed brochure)” at https://www.fcfcoa.gov.au/fl/pubs/pre-action-parenting
[4] Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021at Clause (5) of Part 1 . See brochure entitled “Before you file – pre-action procedure for financial or property cases (prescribed brochure)” – see at: https://www.fcfcoa.gov.au/fl/pubs/pre-action-financial
[5] Chapter 4—of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 entiltled Dispute resolution. See at Clause 4.04