Mediation in Family Law
Mediation can be a very helpful process in resolving a dispute, including parenting and property disputes. We have attended many mediations with clients, resolving matters without the need to go to court. It is less stressful than appearing in court and less expensive.
At mediation, an independent third person, the mediator, assists by facilitating communication between the parties and offering guidance. They do not provide legal advice and remain independent, not taking sides with anyone involved. We can be there to provide you with information and legal advice to assist you in considering a resolution.
At mediation, no one imposes a result in the matter. If the parties do not agree, the matter is not resolved. In this way, the parties remain in control of the matter.
In Australia, parties are required to attempt mediation, known as Family Dispute Resolution (FDR), before applying to the court for orders relating to children. An accredited FDR practitioner is an independent person trained in mediation and negotiation and specialising in family disputes. During FDR, families will discuss the issues in dispute and consider different options, while being encouraged to focus on the needs of their children.
A variety of mediation options are available to ensure you are as comfortable as possible, enabling you to negotiate with more confidence. Mediation does not have to be a round table discussion. If you prefer, you and the other party can be in separate rooms with your lawyers, and the mediator can move between you or speak to your lawyers without you having to be in the same room. Another alternative is to have a mediation by telephone.
Information disclosed during mediation is confidential and cannot be relied on in court proceedings unless the parties agree.
Mediation can often help people reach an agreement far more amicably than going through the court process, which can be a long and expensive process. If the parties come to an agreement, consent orders can be prepared and filed with the court. Often, the court will make the orders without the parties being required to attend court. It is important to have orders made to ensure the agreement is final and binding.
If court proceedings have commenced, this doesn’t mean you can’t have a mediation. Mediation can be done at any time before the matter is finalised.
If you would like to learn more about mediation, please get in touch and we’ll be happy to speak with you.