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Family law mediation is often a more cost effective, efficient, and less stressful way to attempt to settle a dispute between the parties, rather than engage in protracted litigation. Mediation is generally undertaken with the assistance of an impartial mediator (commonly a family law Barrister) who assists the individuals to reach a mutually acceptable settlement.
Family law mediation can occur at any point, including after family law proceedings have commenced. All family law issues can be discussed in mediation, including custody arrangements and child support, property settlement, and spousal maintenance.
The mediation process can determine the areas of agreement and disagreement, and can build and encourage an ongoing working relationship and cooperation between the parties, especially if there are children involved.
In our experience, most divorces resolve at some form of mediation due to parties having the ability to negotiate through their respective solicitors, and attend mediation with an independent mediator, to work on disputed issues.
If agreement can be reached during mediation, the agreement can be recorded in a Parenting Plan or Parenting Consent Orders.
If the parties do not reach an agreement at family law mediation, a certificate may be issued to the parties allowing them to file an application before a Court to have their matter determined by the Court. However, even after such an application is filed, the parties are not prevented from attending a second or subsequent round of mediation in an attempt to resolve the matter before the Court hearing date.
Our Family Lawyers at Executive Lawyers are skilled in negotiating and participating in family law mediations and will work with you to ensure that you are well prepared and organised for your attendance at mediation.
To speak to a Family Lawyer about family law matter, call us on 03 8376 6209, or complete our online enquiry form and we contact you promptly.
Your Family Lawyer acts on your behalf and is responsible for the conduct of your matter. They will advise you in relation to you position under the Family Law Act, and provide you with practical guidance and strategies to assist you in preparing for and attending mediation.
A mediator is an independent individual that will hear from both you and your former partner to assist the parties in reaching a mediated solution. A mediator does not provide any party with legal advice.
In most circumstances, you will not require a lawyer. However, if each party has engaged a lawyer, then you may both have your respective lawyer’s present. Your Family Lawyer may provide you with valuable advice and strategies which may put you in a confident and strong position during mediation.
Family law mediation itself is not legally binding, however, if the parties do reach an agreement, the parties can take steps to have that agreement recorded in a legally enforceable document.
If you do not attend mediation, then a section 60I certificate will likely be issued, which will allow the other party to proceed to take action against you before a Court to have the matter determined.