Resolve your family law matter without unnecessary court stress
At BGM Family Lawyers, we help individuals and families across the Gold Coast and Brisbane resolve family law disputes through practical, outcome-focused dispute resolution. Our team works both inside and outside of court, with a strong focus on reaching fair agreements without the time, cost and emotional strain of litigation.
With years of experience in family law alternative dispute resolution, we guide you through the process clearly and calmly, helping you understand your options and work towards a resolution that makes sense for your situation.
Not familiar with alternative family dispute resolution? Here are the basics
It’s not always necessary to resolve disputes between two parties in court; some problems can be solved more effectively without litigation.
Alternative Dispute Resolution (ADR) is the process used to resolve disputes outside of court or before they go to court. It’s usually the preferred method of dispute resolution because it requires less time and money, remains private and confidential, and is less taxing on those involved.
When handled correctly, outcomes reached through ADR can still be binding and enforceable, without the stress and disruption that court proceedings can bring.
The benefits of alternative dispute resolution for family law matters
Private and confidential
Resolution takes place outside the public court system, helping protect your privacy and keep sensitive family matters confidential.
Lower costs, more control
Alternative methods are generally more cost-effective than litigation, allowing you to resolve disputes without the expense of lengthy court proceedings.
Faster resolutions
Disputes can often be resolved far more quickly through ADR, helping reduce stress and allowing you to move forward sooner.
Greater flexibility and control
It gives you greater control over the process, including who facilitates it and how it runs. This flexibility allows outcomes that better fit your circumstances and family needs.
Preserves relationships
These methods focus on cooperation rather than conflict, which is especially important where ongoing relationships, such as co-parenting, need to continue.
Tailored, practical outcomes
ADR allows for personalised solutions that courts may not offer, resulting in agreements that are workable, realistic, and aligned with your priorities.
Alternative dispute resolution types explained
There are several ways family law disputes can be resolved outside of court. Each option suits different situations, and our team at BGM Family Lawyers can guide you through the process that best fits your circumstances.
Negotiation
Negotiation is typically the first step in dispute resolution for private individuals involved in a legal dispute. It involves both parties attempting to reach a mutual agreement. This can be done directly between the parties (often referred to as ‘kitchen table’ negotiations) or via a solicitor (‘solicitor-led negotiations’). However, in most family law matters, negotiations are conducted through written communications between the parties and/or their solicitors.
If resolution through negotiation is unsuccessful, the next step is mediation (and, if mediation is refused, litigation).
Mediation
Mediation is an informal form of ADR often used when direct or solicitor-led negotiations have not resolved a dispute. It involves structured communication between the parties to reach a mutually acceptable agreement.
An independent and impartial mediator, often a lawyer, facilitates the process. Parties may attend with or without legal representatives.
The mediator does not make decisions or impose outcomes but assists by managing discussions, reality-testing positions, and encouraging practical resolution options.
Arbitration
Another structured, formal ADR outside the court system is Arbitration. This process is used to reach a decision that will legally bind the parties and is similar to that of a court proceeding. In complex financial matters, arbitration can deliver binding outcomes in a fraction of the time associated with court proceedings.
The relevant parties present their arguments and evidence to an arbitrator, who serves as a judge and delivers a binding determination. This is called an award, which is binding in the same way as a court judgment is.
Some parties agree voluntarily to arbitration, but this method can also be ordered by consent in matters in which there are current proceedings before the court. Issues commonly solved through arbitration include:
Learn more about the advantages and disadvantages of arbitration here.
Collaborative law
Collaborative law is a form of ADR where both parties and their respective lawyers work together cooperatively to address the legal, financial and emotional aspects of a relationship breakdown.
Participants agree not to commence court proceedings unless the process fails, at which point new lawyers must be appointed. This encourages a genuine commitment to resolving the matter collaboratively. All discussions are private and confidential. If an agreement is reached, it is jointly prepared and usually approved by a judge, becoming a binding court order.
Collaborative law is generally well-suited to separated couples who share goals, have a high level of trust, and approach conflict constructively.
Early neutral evaluation
Early neutral evaluation (ENE) is a form of ADR in which an independent third party, often a retired judge, provides a non-binding assessment of a dispute and its likely outcome. This evaluation can then be used to guide settlement discussions and agreed outcomes.
The process is designed to resolve disputes at an early stage, either before court proceedings begin or early in litigation. It may involve written submissions, in-person meetings, or both.
ENE is voluntary and requires the agreement of all parties. Typically, both parties have input into the process and the selection of the evaluator.
Not sure which ADR option suits your situation?
We understand this is a challenging time, and feeling unsure is completely normal. Let us support you in taking the next step forward.
YOUR ALTERNATIVE DISPUTE RESOLUTION LAWYERS GOLD COAST AND BRISBANE
A boutique firm that treats your case as an individual
Every case has its own dynamics, and we take the time to understand you, your circumstances, and what matters most before recommending a pathway forward.
Strategic problem-solvers
We focus on resolving disputes in a way that allows you to move forward with your life. Whether that involves mediation, arbitration, or court proceedings, our advice is grounded in practical solutions rather than unnecessary process.
A proven commitment to avoiding court where possible
Litigation can take a heavy toll on families, children, and businesses. Where there is scope to resolve matters outside of court, we actively explore and pursue alternative dispute resolution options to spare our clients time, stress, and expense.
Depth of experience, strength of team
At BGM, you’re supported by a small, collaborative team of family lawyers, including four Queensland Law Society Family Law Accredited Specialists. ch. Every case is reviewed and workshopped to identify the strongest strategy.
Recognised for professional excellence
BGM Family Lawyers has been recognised in respected legal industry awards and rankings, including Doyles Guide and Best Lawyers, reflecting our commitment to delivering exceptional outcomes with care and professionalism.
Clear advice and genuine support
Family law disputes are emotionally demanding. We prioritise clear, early advice so you understand your options and the likely pathways ahead. Having experienced lawyers in your corner helps the impossible feel manageable.
Our experienced ADR and litigation lawyers can help with your family law issues
If you’re looking for a family law alternative dispute resolution lawyer, BGM Family Lawyers are your go-to team.
Contact us today on 1300 246 529 or book an appointment online with one of the expert family lawyers in our leading Gold Coast and Brisbane family law litigation team.
FAQ
How do litigation and dispute resolution relate to one another?
Litigation and dispute resolution are different ways of addressing family law disputes, and many matters move between them as circumstances change.
Litigation involves formal court proceedings where a Judge or Registrar makes a binding decision. Dispute resolution focuses on resolving matters outside the courtroom through processes such as mediation, arbitration, and collaborative law.
In practice, dispute resolution is often used early to try to resolve issues efficiently and privately, with litigation remaining available where agreement cannot be reached. The right approach depends on the nature of the dispute and how matters progress.
What happens if my matter cannot be resolved after trying ADR methods?
If ADR does not resolve the dispute, having experienced litigation lawyers on your side is important. At BGM Family Lawyers, our team practises across both dispute resolution and family law litigation, allowing your matter to progress smoothly if court proceedings become necessary.
Our dispute resolution and litigation lawyers work closely together during the mediation process, so you continue with the benefit of consistent advice, strong advocacy, and experienced guidance at every stage of the process.
What are the types of alternative dispute resolution?
The main types of alternative dispute resolution (resolutions made outside of court) are as follows. At BGM Family Lawyers, we’re able to help you with all of these ADR approaches:
- Negotiation
- Mediation
- Arbitration
- Collaborative Law
- Early Neutral Evaluation
Each method involves its own unique process and ability to resolve matters of family law. They can be used in isolation or as part of a tiered dispute resolution process to reach the best outcome for all parties involved.
Got more questions? Get in touch.
If you have questions about ADR options such as mediation, arbitration, or collaborative law, our experienced family lawyers are here to help. We can talk you through the available pathways and what may be most suitable for your situation.Contact us today.
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