Dispute Resolution

Family Dispute Resolution

Gabrielle Gathercole is our Family Dispute Resolution Practitioner at ATW Family Law, which means that she is qualified and registered with the Attorney General's Department as required by the Family Law Act and can issue a s.60I Certificate in parenting mediations if a resolution is not reached. The issuing of a s.60I Certificate means that a parent can then commence Court proceedings in relation to a parenting matter.

As a Family Dispute Resolution Practitioner, Gabrielle can conduct mediations in parenting, child support and property settlement matters.  Gabrielle conducts mediations with the parties alone, with parties and their solicitors and sometimes with the inclusion of other family members.  

As part of the process, Gabrielle will have an intake session with each of the parties separately, which will usually last about one hour.   This provides the parties with an opportunity to express their needs and concerns about the issues that they wish to discuss in a confidential setting.  A joint session is then arranged, which can be for half a day (3 hours) or a whole day (6 hours). Gabrielle takes a tailored approached to each mediation, depending on the particular issues for the family involved. 

A joint session may take place in a number of ways, including face to face or as a shuttle mediation where the parties are at the same location but not in the room together, or even over the phone or by other electronic means. The most appropriate format is decided upon after the intake sessions, when the issues of both parties have been discussed with Gabrielle, including any family violence issues.  

There are a number of things for you to consider in any parenting or financial mediation.
See FDRP Mediation Parenting & Property Brochure.

Mediation

Mediation is one of several alternate dispute resolution processes. Mediation is a really effective process as it is flexible and addresses the respective needs of each of the parties.   

In Mediation:-

• the parties each talk about their interests and concerns, with the assistance of the Mediator;
• the Mediator then facilitates a discussion between the parties aimed at generating options to meet those needs and concerns and help the parties move towards agreements.  

Mediations can be tailored to not only the parties' particular issues, but also their circumstances:-

• a Mediation can take place face to face, or via telephone, skype or other electronic means.
• At a face to face mediation, all of the parties can be in the same room, or a shuttle mediation can be conducted where the parties are in separate rooms;
• Parties can choose to mediate on all issues of concern, or just specific issues.

All of the practitioners at ATW Family Law are experienced in attending mediations with their clients. Sue Abrams, Jane Saltoon, Gabrielle Gathercole and Alex Namisnyk are Nationally Accredited Mediators.

Collaborative Practice

In Collaborative Practice, you, your partner and both of your lawyers formally agree to stay out of the court system and negotiate a settlement through a series of meetings assisted by a mental health professional, a financial planner and any other experts who might be needed to assist in the resolution of your dispute.

In the Collaborative process, you and your partner control the result, the timing and the costs. 

The Collaborative process is private and confidential. 

The process facilitates the creation of a broader range of settlement options than would be available in court, thus enabling us to help you achieve an outcome catering to your particular circumstances and needs. 

The lawyers and any other experts who may be involved work with you both to reach a settlement, without going to court. 

At ATW Family Law, all of our practitioners are trained in Interdisciplinary Collaborative Practice and are highly experienced in this process.

LINKS

• Australian Association of Collaborative Professionals
• Collaborative Professionals (NSW) Inc
• Central Sydney Collaborative Forum
• Central Sydney Collaborative Forum brochure

Litigation & Arbitration

Court

Whilst ATW Family Law strongly promote the resolution of disputes by using a variety of dispute resolution methodologies, we recognise that sometimes the commencement of Court proceedings is the only option.

All of the practitioners at ATW Family Law are experienced litigators and have appeared in numerous Courts, but particularly the Federal Circuit Court, the Family Court, the District Court and the Supreme Court. 

ATW Family Law can act for you in any family law Court proceedings including parenting, property, child support (in certain circumstances) and spousal maintenance.

Even though Court proceedings are commenced, this does not commit you to proceeding to a final trial. Settlement options are explored throughout the Court process and parties can settle at any time. 

Arbitration

Arbitration is a private process whereby the parties jointly appoint and pay for their own Arbitrator (ie Judge) to determine the dispute between them and that Arbitrator's decision is final.

Appointing an Arbitrator to determine a dispute means that the parties do not have to await a listing for a final Court hearing, thus saving considerably in the time that they would otherwise have to wait for a final resolution. 

When an Agreement is reached

If you and your partner resolve your issues by agreement, ATW Family Law can draft the necessary settlement documents for you, which might include:-

• Binding Financial Agreement
• Consent Orders
• Binding Child Support Agreement
• Succession Act Deed of Release

ATW Family Law also provide ancillary services to ensure that the whole of your settlement can be implemented without you having to engage alternate legal representation – we can act on your behalf in relation to

• the sale of property;
• transfer of property;
• transfer of shares;
• resignations from Directorships;
• relinquishments from Trusts;
• superannuation splitting.