Family Law Mediation
Litigation can be not only lengthy and expensive but enormously stressful - regardless of which area of law your conflict is positioned.
For assistance and advice, call ABKJ Lawyers on (07) 5532 3199 or enquire online.
What is Family Mediation?
Mediation is an ADR process used throughout Australia to try and resolve disputes before the parties engage the assistance of the Court to settle their differences.
When parties agree to meet for mediation, it is seen as a neutral forum where both parties can prepare and lay out all their issues on the matter.
An independent mediator is appointed to guide the negotiation. The mediator is impartial and primarily present to facilitate positive negotiation between the parties.
Learn about the advantages of mediation in family law matters here.
Mediation – Parenting Matters
The Family Law Act (1975) provides that it is compulsory for all persons who have a dispute about parenting matters to attempt a specific type of mediation known as Family Dispute Resolution (“FDR”) prior to applying to a family court for parenting orders. There are some exemptions to this requirement, which may be accepted by the Court in certain circumstances.
We can provide you with comprehensive information about the mediation process and legal advice in preparation for the conference. We will advise you of your rights and obligations pursuant to the Family Law Act when participating in mediation and discuss a range of potential outcomes, specific to your circumstances.
Mediation – Financial Matters
Mediation is a process where the parties involved in a dispute are assisted by an independent third party to help resolve their dispute.
Parties may agree to attend mediation with a mediator who can help them resolve financial and/or parenting issues. Mediation can take place before or after family court proceedings are commenced.
Before mediation proceeds, both parties need to agree to mediate on a genuine basis and in good faith. Once the mediator has met with both parties separately and identified the issues to be resolved, a mediation is scheduled.
The mediation conference may take anywhere from four hours to an entire day to work through all the issues. At ABKJ Lawyers, we have the venue to facilitate your mediation no matter how complex the matter.
At ABKJ Lawyers, all family law matters are conducted in such a way that each party has their own private space throughout the mediation so they may confer in confidence with their lawyer or other support person.
If an agreement can be reached at mediation, the parties may formalise their agreement through a number of options, depending on the nature of the issues. We will provide you with progressive legal advice about which option we feel is right for you.