Lawyers perform an important role in Family Dispute Resolution (FDR) yet many participants are unsure as to what to expect from their lawyer in this process. Good team work between you and your lawyer in FDR can make a crucial difference in ensuring that this is a constructive, empowering and respectful process, that achieves the outcome you hope for!
Selection of the FDR Process
Lawyers understand the mediation process in the context of family disputes. They can provide information as to the range of options for FDR that are available and assist you to choose the right type of FDR for you. They can inform you of the advantages and disadvantages of each of these alternatives and assist you to make the best choice for your situation at this point of time. They will be able to provide you with printed material, references to websites, and contact details, should you wish to explore any of the choices, and fully understand their offerings. This will enable you to have reasonable expectations of the process, what will be expected of you as a participant, as well as what you can expect of your lawyer in the process.
Preparation
Having chosen the best form of FDR, your lawyer can also assist to prepare you to participate fully, and maximize the opportunity for an outcome that achieves your goals.
Preparation for FDR is very important. Your lawyer will discuss with you the issues that you want to raise in FDR, the factors that are important to you in achieving a fair outcome, and give you some idea as to what proposals might look like to achieve your goals. It can also be very helpful for you to consider what the other side might be hoping to gain from the process, what issues they might bring to the discussion, and what factors they might consider influential. This will enable you to think about these in advance and what your response might be when they are raised in the process. Your lawyer will also provide you with legal advice as to your rights and entitlements that impact on your goals, and ensure that these are realistic and achievable.
In some cases, you may be anxious about how to participate actively in the FDR process. Your lawyer may suggest that you practice how to convey your story in your own words, in a manner that makes it clear what your goals are, and what you hope to achieve. They are likely to support you to focus on how your situation could work better in the future, and to be child focused and positive. This is extremely helpful in achieving a mutually acceptable agreement and promoting a pragmatic and realistic outcome. It is vital to consider this in advance so that you well prepared when confronted by the other side.
Assistance in Intake and Assessment
You will attend an individual Intake or Assessment Session with the Family Dispute Resolution Practitioner (FDRS) at the commencement of the process. The FDRP will provide you with information about how they approach FDR, and they will gather information from you about your goals, important factors and other matters that they consider necessary to ensure that you are at the right place at the right time. This is required for them to assess the most appropriate format for the settlement conference. In the course of your lawyer’s preparation they will also obtain crucial information to assist with this assessment of the best format. You could authorise your lawyer to provide relevant details to the FDRP at this stage.
Emotional support
When you attend the Intake Session or Settlement Conference, your lawyer can play an important role as emotional support for you. Attending a strange place, with unknown people to discuss issues likely to have a significant impact on your future arrangements, is likely to be daunting. Your lawyer will have already established a good working relationship with you, and can be of great emotional reassurance. They can often read the signs when emotions are escalating, and appreciate the triggers that may make decision making difficult if not impossible. They can intervene at these times to support you in a way consistent with the process.
Empowerment
One of the most valuable features of FDR is that you as party as encouraged to participate as fully as possible in the process. Your lawyer will support you to speak for yourself wherever possible, and to add to your comments only when they are aware that you have not conveyed these as accurately as hoped, or you have left something important out of your presentation. Your lawyer will assist you to put your story in your own words, and guide you to do so in a constructive way that conveys what you need to say, to allow for acknowledgement of strengths, and with the focus on constructive pathways for improvement in the future. This team work is supported by breaks in the FDR process which allow for you and your lawyer to speak privately when required.
Solutions Focus
It is not uncommon in FDR to become stuck on what has gone wrong in the past. This can result in a positional approach, rather than the exploration of underlying interests to open up consideration of a wider range of possible outcomes. Your lawyer will have your best interests as their motivation, and are able to facilitate you to look at your situation from a different point of view. Working with the FDRP this can promote a more solutions focused approach, that moves away from positions and allows for the development of a different narrative. This in turn gives room for a creative approach to problem solving that meet the needs of all involved.
Information of alternative outcomes
Your lawyer is vital in being able to provide you with information about what is your best alternative to a negotiated outcome (BATNA). On some occasions they will also advise you of your WATNA (worst alternative to a negotiated agreement) and your LATNA (likely alternative to a negotiated agreement). This information can be crucial to be able to make informed decisions and respond to various proposals. It can make a great difference to appreciate what is likely to happen in the legal system, and how long this is likely to take and cost.
Drafting of Agreement
Converting an agreement into writing is vital to capture accurately and comprehensively what has been achieved from the settlement conference. This requires consideration of the details, and language that is acceptable to both parties. It results in a document that can be relied upon as a reference in the future, and if signed and dated becomes a Parenting Plan that can be provided to a court or anyone else as evidence of the agreement reached. Lawyers are best placed to do this.
Safety
Your lawyer will also play an important role in relation to safety. They will have established a good working relationship with you, and if present with you throughout the process, they are best placed to implement strategies that may be required to support you at any time. They will have an understanding of your vulnerabilities and may recommend professional or other support. They may become aware of safety issues that require careful management to ensure you are able to participate fully at all times. If any aspect impacts on your capacity to do so, they are able to raise this with the FDRP so that appropriate steps can be taken in response immediately.
Conclusion
It is not obligatory to have a lawyer with you in FDR, but in my experience the process is enhanced when lawyers are involved!
If you wish to discuss how to work with your lawyer in FDR do not hesitate to contact me at Creative Family Law Solutions.