Family Law
Mediation
When a relationship breaks down, you have to make a lot of decisions about the future all at once. It can be a very stressful time. Separating couples might argue over property settlement, care of the children, child support and other financial matters.
Family Law Mediation
Family Law Mediation helps separating couples settle disputes by discussing their differences in the presence of trained mediators while working out their own solution.Impartial mediators keep the discussion focused and help clarify the issues.
Family dispute resolution is the name in the Family Law Act for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other. You may have reached a point where you can’t agree on issues concerning your property, children, or money. You may not be able to talk to each other at all.
It is quicker and easier to go to mediation than to court.This means you can use mediation at an early stage in the dispute, before a lot of legal costs have been incurred and both sides have become entrenched in their positions. A successful mediation will always be more cost-effective than going to court.Many of the outcomes reached at mediation cannot occur in a court. For example, a court can only interpret what a contract means and cannot help you renegotiate the contract if both parties decide that is necessary. In mediation you can provide for commercial considerations and end up with a better solution for all concerned.Unless the courts / tribunals order you to try mediation, the process is usually voluntary. If you choose to mediate and an agreement is not reached, you may still proceed to court.
When is mediation compulsory?
Mediation is usually a voluntary process parties agree to – no party can force another party to mediate. However, many courts and tribunals have compulsory dispute resolution procedures. The Family Court requires compulsory mediation in custody / parenting matters. Court actions in the Federal Court of Australia or the Federal Circuit Court of Australia can only commence if parties have taken genuine steps to resolve their disputes (Civil Dispute Resolution Act 2011) though there are some proceedings which are excluded such as criminal, civil penalty or appeals.
