Getting into a family law dispute is not only expensive but a frustrating and time-consuming experience. You spend a lot of money and time. According to some of the professional family lawyer Adelaide, sometimes it is a more natural, faster, and cost-effective solution to resolve the matter by settling it mutually instead of going to court. People choose a mutual settlement and get rid of the costly and time-consuming experience. When the case is resolved by settling it, both parties are left in a win-win condition. When the matter gets over without going to the court, no party feels cheated. Commonly known as ADR or Alternative Dispute Resolution, the mutual settlement is a popularly known method nowadays. Let’s know more about it.
Type Of Mutual Settlements Involved in Family Disputes
When we say negotiation, it is the process of one party contacting the other party and working out a settlement of the dispute. This settlement is agreed upon by both parties, and they are ready to live with it. It is possible to settle a case by negotiation even before the case is filed. The parties will talk to each other, or one party sends a letter. When the negotiation is done, a detailed agreement is written that outlines the terms and conditions. It is mandatory to have the signatures of both parties. In case one party fails to perform, the other party can sue for any money owing.
It is a resolution process facilitated and guided by a third party, which is called Mediator. The objective of it is to reach a negotiated outcome and not deciding in the dispute. A mediator is a trained professional who knows various skills of mediation. He could be a retired judge, lawyer, or any other expert. Mediation is popular because it is a less expensive and faster method than going to court. In some small cases, the judge could also order to attempt mediation.
In Arbitration, there is a third-party, which is called an arbitrator. This third-party acts like a private judge who makes the decision about the dispute. An arbitrator could be an expert in a particular field, an attorney, or even a retired judge. He gets paid for the work by both parties.