SOLICITOR'S INFORMATION SHEET
Legal Aid Queensland (LAQ), through its Family Dispute Resolution Conferencing Program, is committed to providing a forum where people in dispute can talk to each other in a supported environment and thereby have the opportunity to resolve their problems themselves.
Conferencing is the preferred option of LAQ in attempting to resolve disputes regarding family issues, as this method provides an effective process for parties to reach durable, timely and cost effective resolution of their matters.
However, in some cases a Family Dispute Resolution Conference may not be appropriate due to a party or parties’ inability to negotiate. These may include domestic violence, drug and alcohol abuse, mental health issues or child welfare matters. In some cases it may simply be that there exists a power imbalance between the parties that cannot be redressed by the various formatting options available through LAQ.
Therefore, in order to identify those matters that may not be suitable LAQ requires all legally aided parties to undergo an intake screening process before proceeding to conference.
Conference Intake Process
The process is two-tiered, as follows:
§ Both parties are requested to complete and return a brief survey of issues that are relevant to their case.
§ These are checked by the LAQ Conference Organiser to identify if the matter is appropriate. If appropriate then the Conference Organiser will issue grants of aid to the assigned solicitors.
§ Solicitors are then required to schedule a pre-conference interview with their client. The purpose of this interview is to obtain information relevant to the client’s case and to form a relationship between the client and their solicitor. Solicitors are required to submit a Solicitor Conference Assessment Sheet to the organising office of LAQ.
§ This is used by the Conference Organiser in deciding the suitability of the matter, the proper format, and any security or special needs requirements.
If it is established during this process that the matter is not suitable for a conference then a conference will not be held. Solicitors will be paid for time spent in initial interview up to a maximum of two hours work. Please note it is intended that the initial interview be limited to 1½ hours to allow a brief meeting with your client immediately prior to the conference.
Pre-conference Tasks:
Explain the process which will be followed
§ Explain to your client that any agreement reached at the conference is their own and not dictated or decided by a family dispute resolution practitioner.
Provide your client with prescribed information
§ You must comply with Section 12E of the Family Law Act 1975 (as amended) and provide reconciliation and ‘Part VII’ information, unless an exception applies.
§ You should also advise your client regarding the affect of an FDR Certificate, and the role of the registered Family Dispute Resolution Practitioner.
Help your client prepare their opening statement
§ Explain the nature of a without prejudice conference and the limits of confidentiality and admissibility.
Ensure your client is aware of a Court’s likely approach/consideration of the matter e.g. child’s well-being
§ Encourage your client to consider worst, best and possible outcomes.
Discuss with your client the likely reaction of the other party and ways to overcome any objections
§ Encourage your client to approach the conference with an open mind rather than a list of demands.
Assist your client identify their needs
§ If financial issues are in dispute please ensure your client is able to discuss the assets and liabilities in issue, if necessary produce documentation to support suggested values/quantum, provide information/documentation relating to issues that may be in dispute.
Attending the Conference
At the conference the family dispute resolution practitioner will direct most of their attention to the clients. This is to acknowledge that the clients own the dispute and will need to live with the outcome. Your role at this stage is to help your client raise all the issues they have discussed with you. If there are unresolved issues, this may prevent any agreement working. You will also find that your assistance in the private meetings will be invaluable. It is likely that once you have heard the other party's version you will need to take further instructions from your client and perhaps adjust your advice. When advising your client it is important that you be realistic about the options that will be available to them.
Identifying your Client's Needs
There will be circumstances where the normal conference process will need to be modified to suit your client's particular needs. Factors to be considered include:
§ Psychiatric or physical condition / § Language difficulties§ Geographical distance / § Lack of adequate information
§ Domestic violence / § Views of the child/ren
§ Allegations of child abuse
§ Involvement of other family members / § Involvement of an Independent Children’s Lawyer
It is important that you bring these matters to the attention of the officer who is organising the conference and the family dispute resolution practitioner so that special arrangements can be made for your client.
The Conference Process
Opening Statement by family dispute resolution practitioner
§ This statement enables the family dispute resolution practitioner to establish a rapport with the participants. Your client should be encouraged to raise any process queries they have at this time.
The Parties' Statements
§ In most cases the family dispute resolution practitioner will ask the participants to explain their concerns and provide a brief history of the dispute. Your client/s will be more relaxed if they have had an opportunity to consider these issues before the conference.
Defining the Issues & Setting the Agenda
§ Most people have different concerns that need to be addressed, even when the broad issue in dispute is common to both. It is important that all participants have a common understanding of all the issues in dispute before specific discussions commence. Listing the areas of concern in the form of an agenda can enhance the likelihood of resolution of the dispute, as both parties real concerns can then be addressed.
Private Meetings
§ Private meetings are often held during a conference. Meetings can (a) enable the parties and family dispute resolution practitioner to talk privately; (b) enable parties to obtain legal advice; and (c) provide parties with a “break” and an opportunity to reflect on the issues under discussion.
§ Private meetings (one or more) may occur at any time during the conference. Any person present can ask for a private meeting, usually they are suggested by the family dispute resolution practitioner.
Generating Options
§ The parties (and their solicitors) will be encouraged to generate various options that may enable the dispute to be settled. Each issue on the agenda could be the subject of “option generating”.
The Negotiation Phase
§ It is desirable that negotiations commence only after the parties are clear about all the issues in dispute and settlement options have been flagged. Negotiations can occur during joint sessions, in private meetings or by the family dispute resolution practitioner “facilitating” the exchange of offers and counter-offers made by the parties whilst in separate rooms.
Finalisation
§ When the parties reach an agreement on any issue, this agreement should be reduced to writing and copies provided to the parties and their solicitors before the conference concludes. If no agreement is reached it may be helpful to clarify the issues and/or the future conduct of the matter before the conference ends. If an agreement is reached the family dispute resolution practitioner and solicitors should consider whether the clients would benefit from a referral to the Conference Resolution Support Intervention.
Conference Resolution Support Intervention
If your client reaches an agreement they may qualify for further assistance.
Legal Aid Queensland offers a Conference Resolution Support Intervention to clients who qualify under the following criteria:
§ They have reached an agreement (partial or full);
§ They remain financially eligible for funding;
§ The agreement reached is in relation to child issues (i.e. not property agreements);
§ They wish to participate and are willing to sign the required request form;
§ And/or the family dispute resolution practitioner recommends referral.
The Conference Resolution Support Intervention enables a referral to be made to a social worker who can assist the clients in implementing their agreement. The social worker can offer information that may help the parties to understand their roles under the agreement and offer referrals to other support groups and services that may benefit the clients.
Priority will be given to clients who are facing the following issues:
§ Supervised contact whether through a contact centre or through an agreed third party
§ Agreements conditional upon an action occurring, for example:
o Drug/alcohol testing
o Further medical assessment
o Parenting Course attendance
o Anger management program attendance
§ Complex Arrangements such as:
o Substantial travel required to facilitate contact
o Difficult handovers
o ‘Equal Time or Substantial and Significant Time’ arrangements
§ Other complex arrangements where referral may benefit your client
Following the agreement (and before the client leaves the Family Dispute Resolution Conference) you should raise this option with your client. If they wish to access this service then please have them sign the request form before they leave the venue.
In the case of telephone conferences you can discuss this matter with them prior to the conference. On the day raise the matter with the family dispute resolution practitioner who can make a recommendation if the matter qualifies. If your client has access to a facsimile machine the necessary consent forms can be forwarded for your client’s signature and returned by facsimile transmission.
Your client’s request will be assessed and advice issued to them in writing of the outcome of their request. You will not be required to participate in the Conference Resolution Support Intervention.
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