Family & Divorce Mediation Lawyers Perth
Mediation involves the presence of an impartial third party to help in dispute parties reach an agreement in a safe and considerate environment. At Rattigan & Associates, we think mediation is a fantastic tool and approach to adopt in a number of separations for both child related matters and property matters. Our professional family and divorce mediation lawyers in Perth have significant experience and success in resolving complex legal and emotional cases through our services and engagement in separation and divorce mediation.
The Mediation Process
Our involvement in the mediation process can take a number of forms.
Sometimes clients approach us wanting advice prior to attending mediation with their partner where lawyers will not be present. This is a great option to ensure that you go into that mediation armed with knowledge of workable and fair outcomes. This option is particularly popular where child related matters are involved.
Where people seek out our advice prior to engaging in family mediation that will not have lawyers present, we can do something as simple as a single one-off initial consult. Alternatively, we can give more extensive advice or assistance in the background.
Often, in property matters, we encourage clients to complete private mediation prior to engaging in the Family Court process. During private mediation, both parties will have a solicitor present along with an experienced family law mediator. This is generally a full day or half day process where the parties attempt to exhaust all possibilities of settlement and narrow down the issues between them. In our experience, where both parties are committed to the process, private family mediation has a great success rate.
Sometimes people approach us after having negotiated an agreement wanting to formalise their agreement. Generally, for these people, it is important that the solicitor that they engage does not “upset” that agreement. People are often surprised that this does carry with it some complications for example, both parties cannot see the same lawyer regardless of reaching agreement and the Court still has the final say in whether the agreement can be made final. We are pleased to offer people with an agreement in place advice and assistance with what to do with that agreement while maintaining the actual agreement at the forefront.
Family Mediation Prior to Court
The Family Court encourages mediation. In child related matters, the Court, except in limited circumstances, requires people to mediate prior to making an application. In property matters, the Court requires those that are financially able to attend mediation prior to progressing to trial and otherwise facilitates Conciliation Conferences for those not in a position to privately mediate, which is a limited mediation.
Contact Our Mediation Lawyers Today
If you’re seeking a family and divorce lawyer to assist you in the mediation process in Perth, we encourage you to make contact with our office today for a free telephone conversation about mediation, whatever stage you may be in the process.
Family & Divorce Mediation Lawyers – Frequently Asked Questions
What is divorce mediation?
Divorce mediation is a collaborative process in Western Australia where a neutral mediator helps divorcing couples reach agreements on issues like property division, child custody, and support. The process promotes open communication and compromise to find mutually acceptable solutions.
How does mediation differ from traditional litigation in divorce cases?
Unlike traditional litigation, which involves court proceedings, divorce mediation in Western Australia offers a non-adversarial approach. Mediation encourages couples to work together, fostering a more amicable and cost-effective resolution compared to the often adversarial nature of court litigation.
When is mediation a suitable option for divorce or family disputes?
Mediation is a suitable option when parties are willing to cooperate and communicate, seeking to resolve disputes without prolonged courtroom battles. It’s particularly valuable for preserving relationships, reducing stress, and maintaining control over decisions during divorce or family disputes in Perth.
What is family mediation?
Family mediation in Western Australia involves a trained mediator, facilitating discussions between family members to resolve conflicts. It’s commonly used for issues like parenting arrangements, elder care, and inheritance disputes.
How does family mediation work?
During family mediation, the mediator assists family members in discussing their concerns and needs. The mediator helps guide the conversation, promotes understanding, and helps parties find common ground. The goal is to collaboratively craft practical solutions that respect the interests of all involved.
Is the outcome of mediation legally binding?
Yes, in Western Australia, if both parties voluntarily agree to the terms reached in mediation, those terms can be formalised into a legally binding agreement or court order. This provides enforceable and lasting solutions without the need for extensive litigation. Our family lawyers in Perth at Rattigan & Associates can guide you through the process to ensure the outcome is legally sound.