MED/ARB - THE PRIMARY DISPUTE RESOLUTION SUPERHIGHWAY

Barely a week goes by now without receiving some enquiry about arbitration. The momentum toward this form of dispute resolution is now in full swing with the benefits this forum provides now being realised by both clients and lawyers.

DISRUPTION is the current urban hipster term that gets thrown around…usually when there is an iSomething involved….for some new development that changes the way we have traditionally approached something.

Arbitration 2.0 is definitely creating disruption in the family law system.

HELPING VULNERABLE FAMILIES THROUGH FAMILY LAW DISPUTES

The Commonwealth Attorney General has today announced a significant financial boost to our struggling children's contact centres and the new FDR services being piloted across Australia including in Queensland. 

See the full media release here !

PARENTING ARRANGEMENTS - Navigating the Legal Terminology and the Psychology

Co Parenting*

A successful separation is one in which the parents separate from each other but do not require the child to separate from one of the parents, either as a result of parental conflict or by one parent not being available to the child. 

The following quote nicely summarises this knowledge: 

PROTECTION FOR DV VICTIMS DURING CROSS-EXAMINATION

The Commonwealth Attorney General today released draft amendments to the Family Law Act 1975 regarding preventing direct cross-examination of a victim of domestic violence from the perpetrator of such abuse. These amendments are a result of the Family Law Council's Report which we have previously summarised. Follow link to summary.

See the AG's media release. 

Focusing Expectations

An interesting article on Mediate.com, “Expectations Great and Small” is recommended reading for those PDR practitioners, especially FDRPs.

Although focusing on workplace disputes, the parallels to parenting disputes are obvious as;

The Adjective is the Banana Peel of the Parts of Speech (CP Fadiman)

Significant, overwhelming, bigger, contributions. Good grief.

Primary, sole, arduous homemaker contributions. Oh dear.

Disadvantaged, disparate, future needs. Help me please!

Significant, dependent relationship. Say what?

Ambit, unrealistic, unsustainable position. Oh really?

As a PDR practitioner I detest adjectives.  

CASE WATCH

Reviewing the following Full Court decisions reinforces my view that arbitrations are simply a more viable time and cost saving dispute resolution forum in financial matters particularly when you pause to consider the timeline in the reported decision of Wallis & Manning and the impact of a delayed judgment in Rankin.  

Taking ADR regional in 2017

The alternative dispute resolution forums of private mediation and arbitration for family law disputes are now widely available in south-east Queensland. “Alternative dispute resolution” is so entrenched in our legal culture it is uncommon for litigation to commence without first attempting mediation.

NEWS- An interesting start to 2017

The last few weeks has seen me stepping back into the breach in the true sense of the word. This brief foray into the catacombs of the Sir Harry Gibbs building was partly altruistic (as I find ICL briefs intrinsically rewarding), partly “product placement” (that sounds tacky) and partly to keep my forensic skills honed. 

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