When relationships break down, the path forward doesn't always have to lead through a courtroom. Family dispute resolution offers separating or separated couples alternative and cost effective ways to reach agreement about  parenting arrangements, property division and financial matters—often saving time, money, and emotional stress in the process.

Dispute resolution encompasses several methods for resolving family law disputes outside of initiating proceedings in Court. In Australia, the Family Law Act 1975 encourages parties to consider alternatives such as family dispute resolution, mediation and/or arbitration (for financial matters only) before pursuing court proceedings. These processes focus on reaching a resolution through negotiation and compromise, helping families attain practical solutions tailored to their unique circumstances.

At Foote Family Lawyers we help prepare participants by collating financial disclosure, identifying the contributions each person made to the relationship, ascertaining the marital pool to be divided and providing a range of possible offers to make to expedite the process. In developing parenting arrangements, we assist you in identifying the appropriate time the children spend with each parent, recognising adverse behaviours and accessing the support or assistance you need.  

• Family dispute resolution (“FDR”) is a mediation format conducted by third party providers, which is cost effective and can deal with both parenting and financial matters.
• Mediation involves a legally trained, neutral third-party facilitating discussions and assisting you and your former partner to reach a resolution.  
• Arbitration provides a binding decision for financial matters through an independent arbitrator when agreement can't be reached through negotiation alone.

Many people assume dispute resolution means going it alone, but having experienced legal representation makes a significant difference to outcomes. A skilled family lawyer will:

• Assess which dispute resolution method best suits your situation

• Prepare you thoroughly before any mediation or negotiation sessions

• Consider the relevant factors and assist you in determining a range of options to settle your matter.

• Ensure you understand your legal rights and entitlements

• Help you identify realistic goals and potential compromises

• Review any proposed agreements to protect your interests

• Draft legally binding documents that reflect negotiated terms

Your lawyer becomes your advocate, adviser, and strategist—ensuring you're not pressured into unfair arrangements while working constructively toward resolution.

While not suitable for all cases involving family violence or power imbalances, dispute resolution successfully resolves the majority of family law matters. The process keeps you in control of decisions affecting your family's future, rather than leaving those decisions to a judicial officer who knows little to nothing about you..

Ready to explore your options? Contact us today for a confidential consultation. We'll discuss your circumstances, explain the various dispute resolution pathways, and ensure you put your best foot forward with confidence and clarity.