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Power Imbalance a Major Issue in Violence and Dispute ResolutionFamily Law legislation in Australia seeks to ensure that c...
Power Imbalance a Major Issue in Violence and Dispute Resolution
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Power Imbalance a Major Issue in Violence and Dispute Resolution

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Family Law legislation has been very successful in negotiating financial and child custody arrangements between couples when relationships break down. However in cases where the safety of one of the parties is at risk due to ongoing violence and dispute resolution has failed, the law recognises that an imbalance of power can exist and makes other provisions for resolution. http://www.abclegal.com.au

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Transcript of "Power Imbalance a Major Issue in Violence and Dispute Resolution"

  1. 1. Power Imbalance a Major Issue in Violence and Dispute ResolutionFamily Law legislation in Australia seeks to ensure that couples whose relationships havereached an impasse undergo a mediation process in the hope that the situation can be reversed. Ifthis is not possible, the next option is to have in place an orderly and structured process that isfair to both parties regarding property settlement and child custody arrangements. However,there are some regrettable situations where mediation is impossible due to a history of violenceand dispute resolution in these circumstances places one of the parties under severe duress. Inthese circumstances there other avenues that can be pursued to legally end the relationship.Counselling is an often recommended response to domestic violence situations, but unfortunatelyfor many people involved, the extent and duration of the abuse has resulted in an imbalance ofpower that places one of the parties at a disadvantage. Because of the complexity of family lawBrisbane clients needing advice in matters of violence and dispute resolution should contact anexperienced legal professional.Where there is evidence of child abuse or family violence, the law allows a lawyer or familydispute resolution practitioner to advise all parties involved that an imbalance of power is evidentand other options are being considered. The practitioner has the power to issue a certificate to theeffect that the dispute resolution process is being bypassed before the court proceedings.However, there are a number of things that must be considered before taking that step.A proven history of family violence, the risk of child abuse or any threats made to the other partyregarding their safety, or emotional duress that is impacting on the party’s psychological,physical or emotional health are all issues that are looked at carefully. In addition, language orcultural barriers or disadvantages that relate to the financial circumstances between the partiesare also considered. There must be sufficient evidence to allow the dispute resolution practitionerto issue the relevant certificate.In cases of violence and dispute resolution failure, the lawyer or practitioner is an impartialparticipant in the process, and to ensure that one party is not favoured over the other, there are afew other options that can be attempted. Undergoing mediation via telephone conferencing orvideo links is one alternative, and another is the presence of a support person, usually someonefrom family law Brisbane, in case one party becomes overwhelmed by the process.These provisions are in place to ensure that due process is followed, while recognising that forpeople at the wrong end of a power imbalance, fair concessions must be made. If they can beaccommodated in the manner set down, it is hoped the parties can end the relationship with nofurther violence occurring. http://www.abclegal.com.au

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