Compromise: The Key To Resolving Conflict in Family Law

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Published by Preston Law on 10/02/2021

The ability to compromise is key to resolving most arguments and disputes, and family law matters are no exception to this. Whether you are trying to resolve your matter out of court or if you are in court proceedings, it is important you understand how your willingness to compromise will impact when and how your matter is resolved. 

Clients often tell family lawyers what their expectations are and what issues they are not willing to negotiate on. While it is important to know where you stand on certain issues, by setting goalposts early on you can be making it more difficult to keep an open mindset about outcomes and potential resolutions.   

Coming to an agreement yourself is the only way you can guarantee the outcome, however, if your case goes to court than the outcome is out of your control. People often find Court proceedings very stressful because they have hardly any control over how their matter will be decided and the Court process is different from what people expect. 

Even in amicable separations, there is usually still a high level of stress and various emotions at play. One of the benefits of obtaining legal advice is that your lawyer will be able to apply an objective approach to your matter. 

Any person who is not willing to compromise but is happy to let a judge determine their matter should think twice about the risk that if they do not come to an agreement, a decision will be imposed and neither party may be pleased with the decision. If you are having difficulty with the idea of negotiating you should reflect on how you compromised with your former partner during your relationship, or maybe how you could improve on the ways you reached a compromise together. Often when people separate, they set an unrealistic expectation that they should not need to compromise or negotiate on any issue anymore.  This is particularly common with co-parenting relationships and because it is unrealistic it leads to further conflict between parents. 

Mediations can assist parties to assess and reconsider what issues they are not willing to compromise on.  As a family lawyer, the main factor between successful and non-successful mediations is the willingness of both parties to compromise. 

If you are in the process of separating or negotiating a family law matter, you should take time to consider what issues you are open to compromise on and where you are not willing to compromise. Our family lawyers in Cairns can help come to an agreement with your former partner. Get in touch today for a free initial consultation. 

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