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Types of dispute resolution

The type of dispute resolution you can use depends on the issues in dispute and whether you have applied to court.

Mediation

Mediation is where the parties meet with a trained mediator to discuss their differences and see if they can come to an agreement. Mediation can be about children or property matters, or both.

Conciliation

You can choose to participate in conciliation for children or property matters, or both.

Conciliation conferences are usually held if you apply to the court for a property settlement. This happens before any final hearing. You, your ex-partner and any lawyers involved meet with a court registrar or other person appointed by the court. The aim of this meeting is to try to reach an agreement so consent orders can be made. See 'If you agree how to divide property' (link below).

Negotiation

Negotiation can be as simple as you and your ex-partner sorting out issues together. Lawyers can also negotiate an agreement on your behalf.

It is important for you and your ex-partner to focus on coming to an agreement during negotiations. You both may need to compromise to reach a fair property settlement, or an agreement which is in the best interests of the children. If you have a lawyer, make sure you tell them what orders you want.

Arbitration

Arbitration can only be used in property disputes. At arbitration, an independent person (an arbitrator) considers what each person has to say, then makes a ‘binding’ (legally enforceable) decision.

The rules and procedures are less formal than at court and everyone involved must agree to be bound by (obey) the arbitrator’s decision. If you are part of an award made in arbitration you can register the award with the court which makes it the same as a court order.

The family law courts can review a registered award and affirm (agree), reverse or vary (change) the registered award or agreement.

Arbitration is not confidential and may be ‘admissible’ (used) in court.

More information

If you agree how to divide property

Related publications

How to run your family law case

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

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For some family law matters we can provide you with a lawyer to help you run your case.

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