Elevate Family Law

Mediation in Australia

More so than ever, alternative ways to resolve disputes to Court are being explored.

  • Mediation, arbitration and solicitor assisted collaborative law practices are becoming the norm in the face of costly and heavy delays within the Family Courts.
  • Alternative dispute resolution is a less costly and less time-consuming method of resolving your dispute
  • Dispute resolution may be engaged at any stage of your separation or divorce and as many times as required to solve preliminary issues before applying to Court
  • It is important to understand that Family Dispute Resolution is a mandatory requirement before an application can be filed with the Court for parenting matters.

How does mediation work in family law ?

 

  • Mediation is effective because it allows you and your partner to play an active role in resolving your dispute which may result in improving your relationship with each other.
  • These services will allow you to learn how to communicate effectively with the other party and make future decisions easier to resolve.

 

What is Involved in the Family Mediation Process?

The family mediation process will generally involve the following steps:

Introductory Remarks

The mediator will give an opening statement. This outlines the role of the participants and demonstrates the mediator’s neutrality.

Problem Statement

The mediator will give each side the opportunity to present their side and provide the mediator an insight into the matter.

Information Gathering

The mediator will request concise evidence and information detailing the facts in order for a conclusion to be drawn out. They will also pose open-ended questions to the parties to gauge the  emotional state of the situation and both parties.

Problem Identification

The mediator will attempt to find common goals and any quick wins between the parties and assess the deadlock aspects of the prceedings.

Reaching an Agreement

The mediator will meet with each party confidentially to strike out negotiations and find common ground. 

2021 Amendments - Mandatory Mediation

  • Mediation may also be applied to property disputes.
  • Both you and your partner will be able to express how you would like your shared property, debts and financial resources is to be distributed on separation.
  • Pre-action procedures for financial proceedings also require you and your partner to make genuine efforts to resolve the dispute.
  • Mediation is often an effective method to resolve financial matters between former spouses.

how we've helped people just like you

……As well as being professional with a great in depth knowledge of family law and it’s processes, Zohra has a very empathetic humanitarian understanding of what it is like to go through the family law process, and is therefore very easy to talk to and puts you at ease in a very emotional situation…….

Mary

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Most frequent questions and answers

In mediation, the third party (or mediator) must remain impartial and objective while both parties work to common goals and resolutions. A mediator may work with the couple to establish their needs or provide general legal knowledge, but in an unbiased manner.

A collaborative lawyer acts as an advocate for their client. The purpose of collaborative law may be to work together to find a mutually beneficial agreement, however, the primary duty of each solicitor is to focus on their client’s best interests.

  • Cost Effective – considerably less than the cost of ongoing litigation.
  • Time Savings –  sidestep the court process waiting times 
  • Confidential – covered by legal privilege

If you are unable to reach an agreement during the mediation process, the parties can continue negotiations outside of the mediation process (either through their solicitors or directly with one another) – else the litigation process through the courts will be pursued.