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Keeping You 
out of Court.

“Never cut what you can untie” – Joseph Joubert

Your significant life events and relationship transitions needn't involve Court and they can become positive beginnings.

 

Whether at the beginning or towards the end of a big life moment, it's not too late to have Lighthouse Legal guide you to navigate it so the journey is as safe and gentle as possible for you and your loved ones and to ensure that the decisions you make now are sound and enduring.

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We offer a range of processes that help you reach agreement and can guide you on which one will be most appropriate for you and your circumstances. 

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Which Path may be Right for You?

1

Kitchen Table & Guided Resolution

  • You & the other party negotiate between yourselves to reach an agreement.
     

  • With our Guided Resolution service, we assist you during your negotiations as required, assisting with practical and legal answers to your questions and coaching you through the tricky moments. 

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  • Cost effective and you both control the timing of the process.

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  • We assist you to formalise your agreement in writing and ensure you have the advice you need to make a fully informed decision. 

2

Collaborative Process

  • A focus on respectful, transparent dialogue with the assistance of professionals to help you reach agreement without the need for Court.​

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  • The work of understanding the issue, identifying options and reaching an agreement together is done in a series of meetings. No lawyer's letters!

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  • A cost and time effective process that allows you to work at the pace that enables everyone to participate effectively. The focus is on the future, the needs & welfare of children, the interests of both parties and reducing conflict. 

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  • An interdisciplinary process, we can have the right professionals working on the right aspects of your issue. 

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  • We assist you to formalise your agreement in writing and ensure you have the advice you need to make a fully informed decision. 

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3

Mediation

  • A trained mediator assists you & the other party (sometimes with your lawyers present) to guide your discussions to reach agreement.

 

  • The mediator acts as a neutral guide. They cannot provide legal advice and cannot decide the issue for you - they assist you to both decide!

 

  • Child specialists can be brought into the mediation process to help you make decisions that take into account your child's views and needs. 
     

  • A cost and time effective process that seeks to help you reduce conflict and build understanding.

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  • We can either serve as your mediator and then refer you each to lawyers for independent advice, armed with a drafted agreement and the documents your lawyers will need OR we can assist you as your lawyers in the mediation process. 
     

4

Lawyer Assisted Negotiation

  • You each engage your own lawyer to negotiate the issues between you to try to reach agreement.

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  • Negotiations are usually by correspondence which can inadvertently inflame matters. Negotiation "round table" meetings may also be held. 

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  • Focus tends to be on your legal positions and entitlements which, in some cases, may not be as creative nor reflect what is important to each of you.  

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  • Very useful if there are reasons you & the other party cannot meet face to face or other processes aren't appropriate.

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  • We can assist you to negotiate your issue and formalise an agreement, ensuring you have the information you need to make an informed decision.

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5

Arbitration

  • You & the other party engage a private arbitrator to decide an issue you haven't been able to resolve.

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  • The arbitrator will hear from each of you/your lawyers about the legal issues and your position before they make a decision.

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  • The adjudicator issues a binding, enforceable decision called an "award"

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  • Generally more time effective than Court.

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  • We can represent and guide you through the arbitration process, advising you and ensuring you understand the process and its outcome. 

6

Court: The Last Resort

  • We view Court as a last resort but, at times, it is necessary.

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  • The decision is taken out of your hands. A Judge will decide the issues between you & the other other party after hearing evidence and submissions from your lawyers about the relevant law. 

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  • Orders made can be less creative and tailored to your situation than in other processes.​

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  • You can still try to negotiate a settlement while Court process is happening. 

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  • Time frames are largely dictated by the Court & it is a costly process.

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  • We can help you try to negotiate a settlement before getting to a hearing, ensure you have great representation and that you are supported through the process

Spotlight on Keeping You Out of Court in the Lighthouse Blog

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