Legally Assisted Family Dispute Resolution (LAFDR): Expert Legal Guidance Within Mediation

Navigating family law matters, especially those involving complex financial arrangements or intricate parenting issues, often requires clear legal advice. Legally Assisted Family Dispute Resolution (LAFDR) offers the best of both worlds: the collaborative, confidential environment of mediation combined with the immediate, expert legal guidance of your own solicitor.

This service is designed to help you reach comprehensive and legally robust agreements on parenting or financial matters. Your mediator guides the process, while your legal representatives are present to provide real-time advice, ensuring that any agreement reached is sound, fair, and legally viable, avoiding the need for a protracted court case.

Who is this service for?

Legally Assisted FDR is particularly suited for:

  • Individuals or couples facing complex legal issues within their family dispute (e.g., intricate financial structures, specific legal interpretations for parenting plans).

  • Parties who desire the reassurance of having their lawyer present to provide advice and ensure all legal aspects are considered during negotiations.

  • Those who want to streamline the process of obtaining a legally binding agreement, moving from negotiation directly to legal drafting.

  • Couples who prefer to resolve their dispute collaboratively while still ensuring their legal rights and obligations are fully understood and protected.

  • Situations where there might be an imbalance of power or knowledge that legal representation can help address.

How does it work? Collaboration with Legal Expertise

Legally Assisted FDR blends the neutrality of mediation with the direct involvement of your legal counsel:

  1. Preparation with Your Lawyer: Before the mediation, you will prepare with your own solicitor to understand your legal position, options, and objectives.

  2. Mediator-Led Process: An impartial mediator facilitates the discussions, manages the agenda, encourages constructive communication, and helps both parties explore settlement options.

  3. Real-Time Legal Advice: Your solicitor attends the mediation session(s) with you. They provide you with immediate legal advice on proposals, implications of any decisions, and ensure that any agreement reached aligns with legal principles and your best interests.

  4. Negotiation and Drafting: As agreements are reached, your lawyers can assist in drafting a comprehensive Memorandum of Understanding or Heads of Agreement, which can then form the basis for formal court orders or a binding financial agreement.

  5. Focus on Settlement: The primary goal remains to find a mutually acceptable solution, but with the added confidence that your legal rights are being protected throughout the process.

This approach ensures clarity and confidence in the legal implications of your decisions, leading to more durable and enforceable outcomes.

Outcome Goals: Achieving Legally Sound & Lasting Agreements

Through Legally Assisted Family Dispute Resolution, our goal is to help you:

  • Achieve a comprehensive and legally robust agreement for either parenting or financial matters.

  • Ensure all legal implications of your decisions are thoroughly understood by both parties.

  • Streamline the path to a legally binding document, reducing the need for extensive post-mediation legal work.

  • Minimise the likelihood of future disputes by creating clear, legally sound agreements.

  • Avoid the uncertainty, cost, and stress associated with traditional court proceedings.

Key Benefits of Choosing Legally Assisted FDR

  1. Immediate Legal Counsel: Receive real-time, personalised legal advice directly from your solicitor during the negotiation process.

  2. Increased Confidence: Gain greater assurance that any agreement reached is legally sound, fair, and protects your rights and interests.

  3. Efficiency & Streamlining: Reduces back-and-forth between legal offices, accelerating the path to a final, binding agreement.

  4. Cost-Effective Compared to Court: While legal fees are involved, it's generally significantly less expensive and faster than court litigation.

  5. Informed Decision-Making: Make decisions with a complete understanding of their legal consequences.

  6. Structured & Supported Environment: Benefit from a professionally mediated process that maintains focus and promotes respectful discussion, even with legal representation present.

Seeking a legally sound and collaborative resolution?

Contact Family Pathways WA today to to discuss how Legally Assisted Family Dispute Resolution can provide you with the expert support you need to secure your future.