Dispute Resolution Choices for Property Settlement in A ustralia
Client Views on the Advantages and Disadvantages of Family Dispute Resolution and Legal Pathways
Bibliographic Data
| ID | 21739787 |
|---|---|
| Authors | Genevieve Heard (0000-0002-1828-0595, Schlumberger (Ireland), corresponding author), Andrew Bickerdike |
| Year | 2021 |
| Volume | 59 |
| Issue | 4 |
| Pages | 790-809 |
| Publication date | 2021-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Family Court Review (JOURNAL) |
| Journal identifiers | ISSN: 1531-2445 • E-ISSN: 1744-1617 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/fcre.12565 |
| OpenAlex | W3199512978 |
| Language | EN |
| Citations received | 3 |
| References cited | 8 |
Although many separating Australian couples make their own arrangements for property division, evidence suggests over 40% nominate either Family Dispute Resolution (FDR), lawyers or courts as their main pathway to settlement. Whereas it is compulsory to attempt FDR in parenting matters, this is not so for property matters. This paper examines client perspectives on property dispute resolution methods using interviews with 112 prospective FDR clients. Some proceeded to joint FDR and some did not, or proceeded for parenting matters only. Thematic analysis highlights the perceived benefits and disadvantages of FDR, compared to using lawyers or going to court, for property matters. We explore issues relating to the cost and character of each process, including implications for post‐separation relationships. Often the initial motivation for choosing FDR was that of avoiding the legal alternatives, which were considered costlier, stressful and/or more acrimonious. After the fact, FDR participants could also identify advantages of the mediation process itself. We conclude that affordability and conflict mitigation are important to clients when choosing and evaluating pathways to property settlement. Those opting to use lawyers instead often wanted more guidance with regard to outcomes, or considered legal pathways more authoritative
Alternative dispute resolution · Business · Dispute resolution · Epistemology · Law and economics · Mediation · NOMINATE · Political science · Qualitative research · Sociology · Thematic analysis · Computer Science · Conflict of Laws and Jurisdiction · Family Dynamics and Relationships · Law · Marriage and Sexual Relationships · Psychology
| Citations per year | 1 |
|---|---|
| Citation span | 2023 - 2024 (2) |
| Highly cited | No |