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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

ID21739787
AuthorsGenevieve Heard (0000-0002-1828-0595, Schlumberger (Ireland), corresponding author), Andrew Bickerdike
Year2021
Volume59
Issue4
Pages790-809
Publication date2021-10-01
Open AccessYes
TypeARTICLE
VenueFamily Court Review (JOURNAL)
Journal identifiersISSN: 1531-2445 • E-ISSN: 1744-1617
PublisherWiley (PUBLISHER • GB)
DOI10.1111/fcre.12565
OpenAlexW3199512978
LanguageEN
Citations received3
References cited8

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

  • The use and misuse of ‘everyday’ communication technologies in a family law setting

    Genevieve Heard, John Zeleznikow et al.•The Journal of Social Welfare Law•2024

  • Participation, agreement and reduced acrimony through family mediation

    Open Access•Genevieve Heard, Aditi Lohan et al.•Conflict Resolution Quarterly•2024

  • Revisioning Acrimony

    Genevieve Heard, Eunjung Lee et al.•Journal of Divorce & Remarriage•2023

  • Evaluating the work of Australia's Family Relationship Centres

    Open Access•Lawrie Moloney, Lixia Qu et al.•Family Court Review•2013

  • Pre-filing Family Dispute Resolution for financial disputes

    Belinda Fehlberg, Bruce M Smyth et al.•Journal of Family Studies•2010

  • High-Conflict Divorce

    Janet R Johnston•The Future of Children•1994

Citations per year1
Citation span2023 - 2024 (2)
Highly citedNo

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