What is family dispute resolution ?

Family dispute resolution is a meeting (called a conference ) between the people involved in a family law dispute, arranged by Legal Aid.

The aim is to help you resolve your dispute, so you don't have to go to court. You can download our new brochure: Family Dispute Resolution which outlines ways to solve family disputes without going to court..

Who can use this service?
To take part in a family dispute resolution, either you or the other party to your dispute must have been granted legal aid for your family law problem. A grant of legal aid pays for a lawyer to represent you at the conference.

Why should I attend a family dispute resolution conference?

• It is a good way to settle your dispute without going to court.
• It is less stressful to resolve a dispute out of court.
• It is an opportunity to express your point of view openly and try to work out a solution that all parties agree on.
• Family dispute resolution can resolve disputes more quickly than going to court.
  
  What can I expect from a family dispute resolution conference?
• A fair chance to have your say and get help with finding solutions that meet your needs.
• Information shared at the conference is treated as confidential whenever possible.

Who comes to a family dispute resolution conference?
You and the other person will meet with either one or two independent chairpersons. Your lawyers are encouraged to attend although this is not essential. A lawyer for the children may also be present.

What happens at a conference?
You and the other person state your concerns about your dispute. The chairpersons then help you to try to work out the issues and come to an agreement which will resolve the dispute. You can ask your lawyer for advice at any stage. In some conferences you and the other person are in separate rooms and the chairpersons move between you.

Conferences may also take place by telephone if:

• you and the other person live far apart
• there are no chairpersons in your area or
• one of you feels unsafe or intimidated by the other.

After the conference, if the dispute isn't resolved, the chairpersons will make recommendations to Legal Aid about whether legal aid should be continued. Their recommendations are mainly based on the legal merits of your case, including whether it has a reasonable chance of success in court.

How does a conference happen?
The first step is for you or the other person (or both) to apply for legal aid for a conference find out how, call (02) 9219 5160.

Or

If you apply for legal aid to go to court, and we think a conference might help, we may require you to attend a conference. However, a conference may not be a good idea if there's a background of domestic violence, intimidation, child abuse, mental illness or other matters of concern. Please let your solicitor or Legal Aid know if you have concerns about taking part in a conference.

Can I still get legal aid for a conference if the other person already has it?
Yes, you can, so long as you're eligible (legal aid is means-tested).

Will a conference cost me anything?
If you have legal aid for the conference, any cost will be limited to a small contribution. If you don't have legal aid and you want your lawyer to attend, you will have to pay their fees.

Can I get a conference wherever I live?
Conferences are available anywhere in NSW, either face to face or by telephone.

How long does a conference take?
Conferences can take up to half a day. You should keep at least four hours free.

What if I need an interpreter?
Legal Aid will arrange one, as long as you let them know.

If neither of us can get legal aid, is there a similar service elsewhere?
You can ask a trained mediator to help you resolve your dispute. A mediator is an independent person who listens to both sides and helps you reach an agreement.

Please visit our links page for details of local mediation services.
Or contact LawAccess NSW on 1300 888 529 or 1300 889 529

Please refer to the Legal Aid brochure for further information.