Dispute Resolution

Robert Routh in B2B, Canberra

Separation is never fun. Even if it is what both parties want it creates stress and financial pressure. So when separation rears its ugly head what is the best path forward? How do you strike a solution that is costeffective, fair and as quick as possible?

In Canberra a unique approach is proving to be a viable option for many separating couples. It is not the long, drawn-out court route which can spin out of control. It is not arbitration where a decision is imposed. And it is an alternative to collaborative law which still sees two opposing sides trying to strike middle ground through their own legal representatives. The unique approach, says Robert Routh, a lawyer with Canberra’s Consensus Family Lawyers, involves a neutral facilitator/convenor—a third-party with a law degree and extensive experience in family law matters.

“As a facilitator I’m at the centre of discussions from the outset,”says Robert. “My job is to outline in a practical way the real solutions available to those involved, and the pros and cons of each. I then work alongside both parties to help them determine the best outcome.”

But is this approach truly effective or is it just wishful thinking?“I’ve handled more than a thousand cases this way and have seen the positive results, no matter how complex or messy the individual circumstances are,” says Robert. “There are many benefits—it saves time, money and ongoing grief, it reduces the stress on the parties separating and the trauma faced by family members, and it helps preserve the valuable relationship each party has with their children.”

The first stage of the facilitation approach is an initial meeting during which the separating couple provides the facilitator with essential details on their respective financial contributions, common assets, and matters relating to children. “If the facts brought to the table are sketchy, I work with the parties to develop a plan—that they agree to—on how to gather more details, who will do it and by when,” says Robert. The second stage is the ‘settlement conference’. “I organise the conference after reviewing the facts from both sides as they are presented. As the neutral party I control the conference so matters stay on track. I’m there to provide guidance on the spot about what each party wants, or thinks they want, and on each option. Is it likely to end up in court, for example, and, if so, how much could it cost and how might a judge decide how property should be divided and how children should be cared for?”

The final stage sees the facilitator help prepare the documents required to formalise the agreement, so the parties separating can get on with their respective lives. An added benefit of the facilitator approach is it gives couples the power to make their own decisions about the care of their children and how to divide their assets. However, it is critical, says Robert, that both parties commit to the process. And it is not a problem if they have already engaged legal counsel or feel ‘safer’ doing so—their respective lawyers are free to attend the settlement conference and be part of the ongoing discussion. Robert first acted as a facilitator when working at the Family Court and for four years saw the approach prove itself time and time again. It was so successful he continued with it after joining Consensus Family Lawyers.

“The Family Court of Australia reports that a high 94 per cent of collaborative law cases settle successfully without going before a judge,” says Robert. “However, they can still drag on and become costly because there are still two opposing sides jockeying for common ground. Using a facilitator is flexible like collaborative law, but it cuts to the chaseand gets results even quicker.”