Just because you consult a lawyer doesn’t mean that you will end up in court. Couper Geysen will initially try to resolve your legal problems through other means, if possible. We also undertake a range of matters that don’t involve a court application, for example, drafting binding financial agreements and wills for couples entering into a relationship.
In some cases, however, court is unavoidable, either due to the extent of conflict and disagreement or as court proceedings have already been started, you have been served with documents and you need to respond to them. Also in cases of harm and abuse where action needs to be taken against someone for harm and abuse, court action may be the only appropriate course.
Some ways in which your issues may be resolved without going to court, or some ways in which issues can be worked out while a case is going through the court system are:
Counseling
In family law cases counseling may assist you to work out problems and sort out your relationship. Or it may help you adjust to separation and enable you and your former partner to communicate more effectively about your children and other issues. In animal law issues counseling can help you to cope with the situation and provide you with support as you work through the legal system.
Negotiation
By the time you consult a lawyer you may have tried to talk to the other party to see if you can reach agreement. If you haven’t been able to reach agreement Couper Geysen can assist you to negotiate with the other party. We can also give you advice about your legal rights and tips on how to negotiate effectively to receive a fair outcome.
Mediation
Mediation describes a facilitated negotiation process where an independent third person, the mediator, helps parties to discuss their issues in a structured way. Mediation is suitable for many types of disputes and you can talk to us about whether it may be a good option for you. Couper Geysen can also assist you to prepare for your mediation and in some mediations, attend with you to represent and support you during the process. At the end of the mediation, if agreement is reached we can draw up the agreement for you and file it in court so that it will be legally enforceable.
Conciliation
If you have a family law case that concerns financial issues and has to go to court, as it progresses through the court system you will have to attend a number of settlement processes. A conciliation conference is chaired by a Court Registrar where there are financial issues and by both a Registrar and Family Consultant where there are also children’s issues. Preparation for such a conference is crucial as all relevant financial information needs to be available so that the Registrar can assess your case and assist with settlement.
Couper Geysen can advise you of the relevant financial information that you will need to gather and can give you an idea of what sort of property settlement you may be entitled to if your case goes to court.
Legal Aid Conference
Generally, when a family law client applies for legal aid and is financially and otherwise eligible, aid will be granted for a Family Law Conference. This is unless the case is considered inappropriate for a conference, for example, where there are issues of family violence. Couper Geysen can assist you to apply for legal aid and attend at the conference to represent you. Adequate preparation for such a process is extremely important and we will ensure you have all the necessary information organised when you attend the conference.
Going to Court / Tribunal Hearing
In some cases going to court cannot be avoided and it is important to have the assistance of a legal expert in court preparation, the rules of evidence (which set out what information can be presented to the court) and court advocacy.
Couper Geysen has experience in preparing cases for a variety of courts (Family Court, Federal Magistrates Court, State Magistrates Courts, Children’s Courts, Tribunal??). We can prepare the court documents for you, handle the court process, accompany you to court and speak on your behalf in the courtroom.
Contact us to find out more or to arrange an appointment.