Recent posts
Money Talks
How to Improve Your Decision-Making Skills as a Prop Firm Trader
02 December 2024
Constructive Criticism
6 Essential Home Maintenance Tips
25 November 2024
nichemarket Advice
Google Ramps Up De-indexing of Domain Reputation Abuse
24 November 2024
Constructive Criticism
Considerations When Choosing Storage for Your House Move
21 November 2024
Popular posts
Extravaganza
Trending Music Hashtags To Get Your Posts Noticed
24 August 2018
Geek Chic
How To Fix iPhone/iPad Only Charging In Certain Positions
05 July 2020
Extravaganza
Trending Wedding Hashtags To Get Your Posts Noticed
18 September 2018
Money Talks
How To Find Coupons & Vouchers Online In South Africa
28 March 2019
How to Resolve a Family Conflict Without Going to Court
11 March 2022 | 0 comments | Posted by Alison Pearson in Get Court
If you've been having disputes with your immediate or extended family and these arguments are starting to boil over, it may be time to look at some mediation tactics. We all know that when it comes to family, money and property, lines can quickly blur and if you don't set up boundaries for constructive discussions, they can unravel and become unproductive or, worse, become costly as it turns into a legal battle.
If you're in this situation or feel like it could end up rolling down this path, then here are a few ground rules you can use to try and avoid a lengthy legal argument to get things resolved.
Negotiate
Negotiation is a direct discussion involving different parties to reach an agreement. Negotiations should be your first attempt at resolving a family conflict. You can have the negotiation anywhere, in the house, at a lawyer's office, or in a neutral area.
It is advised for all parties involved to first talk to their lawyers to know exactly where they stand and what their rights are in the given situation. It's often thought that you don't need legal advice if you aren't going to court; it is certainly not the case since adequate legal advice will get you a long way in any kind of dispute, big or small.
Different countries have different legal procedures, so the assistance you can hypothetically get can vary from country to country (and even state to state). Courts can provide services in some disputes without making either party go directly to court. Without involving the court, you can seek the services of mediators collaborative practitioners.
Family dispute resolutions
Family Dispute Resolution is a specific type of mediation that helps families go through separation as painlessly as possible. It is unique to Australia and is required by law for families to undergo Family Dispute Resolution before going to a family law court.
The program serves as a means of going through different possible ways of resolving family disputes and reaching a solution, and arranging acceptable parenting arrangements for the parties involved. Using this type of mediation is the cheapest available professional help that one can get. Several factors might make exemptions from going through a Family Dispute Resolution.
Those are:
- If the dispute needs to be settled urgently
- One of the parties is not able to fully participate (for example, geographic obstacles)
- If child abuse or domestic violence has a role to play in the dispute
- If one of the parties involved has been deemed unfit to carry out the steps required by the Family Dispute Resolution
- When an agreement has been made through consent orders
Involve a mediator
A mediator is a trained law practitioner whose job is to resolve disputes impartially. They help the parties reach an agreement in child support, child custody, property ownership, etc. The parties involved all make their case to the mediator, they explain their stances and issues, and the mediator goes from there.
To get a court-assigned mediator, you need to contact the family disputes branch of your local governance body. Don't forget that, in most cases, you will need a court application to get the services of a mediation lawyer. If you want to skip court involvement completely, you can always hire a private mediator.
The pricing of dispute-related services
The costs of mediation can vary significantly. Private mediators will, of course, charge by a more expensive hourly rate (although how much more expensive also varies from firm to firm). Meanwhile, institutions that offer family dispute resolutions have different approaches. They offer services to people of all economic classes.
They will, on average, provide services for free for the first hour of any family dispute. Clients who earn more than $50,000 will then be charged $30 per hour (keep in mind that the prices and exact benchmarks for privileges vary from institution to institution). Families that make less than said amount or are on the welfare program will receive the second and third hour free of charge as well.
If you are unsure about your exact financial standings, it is better to have an accountant clear up any misconceptions. The institution involved will most likely charge extra if the dispute goes beyond 3 hours. Independent service providers have different hourly rates.
If you do seek the services of a family dispute practitioner via your local institution, you need to tell them of your financial standing to get better pricing.
Alternative dispute resolution
Alternative Dispute Resolution is primarily used to resolve disputes outside of the court. It can be as formal or informal as the parties involved are comfortable with. Alternative Dispute Resolutions are, unlike Family Dispute Resolutions, completely voluntary.
They offer both parties the freedom of privacy and the power to decide things outside the courthouse. The parties involved meet with a mediator, and once a solution is made, the process is finished with the mediator solidifying the formal agreement. Once this is done, both parties can have attorneys analyze the agreement and, if they agree, make it legally binding.
In some cases, it isn't out of the ordinary to see several mediators involved. It happens when mediators of different professions are needed. So, you would have two mediators if one is needed for family law and the other for financial law. For more complex situations, even a team of specialists could be required.
About the author
Alison Pearson is an interior design student. She is a writer and designer, and her ultimate passion is art and architecture. She is also a bibliophile, and her favourite book is "The Sound and the Fury" by William Faulkner. Follow her on Twitter.
Tell us your story
Would you like to write for nichemarket just Alison Sara has? Find out how to submit a guest post and when you're ready, you can contact us.
Contact us
If you would like us to improve the advertising for your site or want to know more about digital marketing for your business, then don’t be shy we’re happy to assist. Simply contact us
Are you looking to promote your business?
South African lawyers and law firms can create your free business listing on nichemarket. The more information you provide about your business, the easier it will be for your customers to find you online. Registering with nichemarket is easy; all you will need to do is head over to our sign up form and follow the instructions.
If you require a more detailed guide on how to create your profile or your listing, then we highly recommend you check out the following articles.
Recommended reading
If you enjoyed this post and have a little extra time to dive deeper down the rabbit hole, why not check out the following posts on the legal system.
- Get Your Legal Practice Business Listed Online
- Why First Time DUI Offenders Need to Hire a Lawyer
- Seeking Peace in Divorce: What You Need to Know
- How to Choose A Lawyer To Represent You In Court
Tags: Family, Legal, Guest Post
You might also like
6 Essential Home Maintenance Tips
25 November 2024
Posted by Che Kohler in Constructive Criticism
Learn crucial home maintenance tasks to protect your investment, prevent costly repairs, and keep your home in top condition all year round. Expert t...
Read more48 Black Friday Software Deals 2024
10 November 2024
Posted by Che Kohler in Shopaholics
We put together a comprehensive list of software and digital business offering Black Friday discounts on their subscriptions or digital products this...
Read more{{comment.sUserName}}
{{comment.iDayLastEdit}} day ago
{{comment.iDayLastEdit}} days ago