Resolving Family Law Disputes Without Going to Court

Alternative dispute resolution in family law

Most family law disputes can be resolved without a full court hearing. Our family law team uses a range of alternative dispute resolution (ADR) processes to help you reach practical, cost‑effective agreements about parenting, property and financial matters. We tailor the process to your situation and focus on reducing conflict wherever possible.​

Negotiation

Negotiation is often the first step in resolving a family law matter. We advise you on your legal position, prepare offers and proposals, and negotiate directly with the other party or their lawyer. This approach can be used informally, through correspondence, or in structured settlement conferences.​

Mediation

Mediation involves an independent mediator who helps you and the other party work toward agreement. We help you prepare for mediation, identify your goals and likely outcomes, and represent or support you during the session. Many parenting and property disputes can be resolved at mediation, avoiding the time, cost and stress of court proceedings.​

Collaborative law

Collaborative law is a structured process where both parties and their lawyers commit to resolving issues without going to court. All participants work together in a series of meetings to find solutions that meet each person’s needs, especially where children are involved. We can represent you in collaborative law matters and coordinate with other professionals, such as financial advisers or counsellors, where appropriate.​

Litigation where necessary

Sometimes litigation is necessary, for example where there is serious risk, urgent issues or a refusal to engage in genuine negotiation. In those cases, we advocate firmly for you in the Federal Circuit and Family Court of Australia, while still exploring opportunities to settle along the way. Our goal is to achieve a fair and durable outcome with the least possible disruption to your life.​

Talk to us about your options

Choosing the right process is an important early decision in any family law matter. We can explain the different ADR options available to you, outline likely costs and timeframes, and recommend a path that suits your circumstances. Contact HOCW’s family law team in Melbourne to discuss how we can help you resolve your dispute.