High conflict is a theme in family law, between clients and practitioners. As practitioners is our job only to identify the legislation and cases to aim for the best result or do we need to have an understanding of high conflict personalities and how to manage HCP so that we don't allow these personalities to railroad resolution, whether that be in litigation, mediation, collaborative law or mediation? Do we need to upskill and gain knowledge of HCP? #sydneybarrister #louisemathias #familylaw #highconflictpersonalities #mediator #collaborativecoach #lifeandlaw … [Read more...]
Long Delays In Family Law Lists – Can Mediation Resolve Conflicts?
Recently, I was before a Judge in the Sydney Registry of the Federal Circuit, in a family law property matter. The Judge said that he is not setting down property cases for hearing, and there will be at least an 18-24 month wait for hearing. I am also representing a mother in the Magellan List in the Family Court who had a directions hearing in December 2015. There was no contact from the court, until a letter was written in follow up in April 2016, and the court then organised family report interviews for late June 2016. The Magellan list is 'fast tracked'. I was speaking with another family lawyer and she said her case was listed before a Brisbane Judge who would come to Sydney (?) to hear her clients matter. The situation is dire and we all are aware of the long delays in the Family Court and Federal Circuit Court. Do family lawyers need to wear multiple hats: be creative, logical, technical, commercial and open to new ways of 'doing' to assist clients resolve their … [Read more...]