Dispute resolution is often used by couples who are separating or divorcing. A benefit of dispute resolution is that an agreement can be reached, without the added cost and complexity of litigation or other formal legal processes. Dispute resolution processes also allow the parties to have greater control and management of the process and outcome.
A family law lawyer can provide advice in relation to the best resolution option for a dispute. A family law lawyer can help to understand a person’s rights and responsibilities and the law that may apply to that case. This includes helping a couple going through separation to reach an agreement without the need to go to Court.
One of the dispute resolution options that is available to the parties is online dispute resolution (ODR). ODR utilises technology to assist with the resolution of disputes.
On Tuesday 30 June 2020, the Honourable Christian Porter MP, Attorney General of Australia, announced a new digital service “amica” that is designed to assist separating couples to resolve their family law disputes online. The media release notes “amica uses artificial intelligence (AI) technology to suggest the split of assets, taking into account: the couple’s particular circumstances; the kinds of agreements reached by couples in similar situations; and how Courts generally handle disputes of the same nature.”
A family law lawyer can advise on the appropriateness of amica and other ODR options to a particular case, and also advise clients as they engage in dispute resolution processes. This advice includes advice as to a range of possible outcomes, the litigation process and the appropriateness or otherwise of formal agreements including for example, consent orders. It is important that formal agreements are properly drafted so as to ensure that the intention of the parties is properly recorded. This is also relevant to enforcement should there be any breach of the obligations set out in any formal agreement.
If you would like further advice in relation to dispute resolution processes, or the law in relation to matters relating to a separation, contact our office to arrange an initial fixed fee conference with one of our family law lawyers.
For advice about your family law matter contact one of our family law lawyers on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
