It cannot be underestimated in family law, the benefit to parties of being able to choose a tailored process to resolve their dispute and to work cooperatively to put in place arrangements suitable to their individual circumstances.
Mediation remains a cost effective option for parties looking to reach agreement in a timely manner.
Mediation is a term used to refer to any number of processes where parties, with the assistance of a neutral and independent third party are able to come together, with or without the assistance of lawyers, to generate options and seek to reach agreement in respect of issues in dispute. Mediation can bring together the feedback and expertise of psychologists, financial planners and/or accountants, all working together to assist parties reach the best outcome, in their individual circumstances.
Any agreement reached in mediation can be appropriately formalised, thereby bringing to an end a parties financial relationship or putting in place living or financial arrangements to meet the best interests of a child or children of a relationship.
Family Dispute Resolution (a form of mediation) is required to be attempted by parties prior to initiating Court proceedings in respect of children. The limited resources available to the family law Courts see most property matters, where Court proceedings have been initiated, attending private mediation before progressing to a final hearing. It makes sense for those parties committed to saving money and time, to consider participating in mediation, at an early stage.
Experienced family lawyers are able to prepare parties to participate in mediation and also assist with the gathering of other expert advice required to put parties in the best position to be able to reach agreement.
Here at Murdoch Lawyers we have on our family law team, a registered Family Dispute Resolution Practitioner, (a qualification required to issue a certificate under section 60I of the Family Law Act) together with experienced family lawyers able to work with parties to gather the most relevant information and prepare for a tailored mediation process designed to help parties reach agreement at an early stage.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.