Family & Divorce Mediation Lawyers Perth
Mediation involves the presence of an impartial third party to help in resolving disputes between parties and to reach an agreement in a safe and considerate environment. At Rattigan & Associates, we think mediation is a very useful approach to adopt in a situation where parties have been unable to reach an acrimonius decision after separation. Mediation is possible for both child related matters and property matters. Our professional family and divorce mediation lawyers in Perth have a high level of experience and success in resolving complex legal and emotional cases through engaging in mediation.
The Mediation Process in Perth, WA
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 the knowledge of workable and fair outcomes. This option is particularly recommended 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, it is appropriate to engage in 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 very good 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.
Why Choose Rattigan, our Family Mediation Lawyers in Perth?
Choosing Rattigan & Associates for your family mediation needs in Perth, WA, ensures you benefit from over two decades of experience and expertise in family law. Our team of dedicated professionals is committed to providing high-quality, personalised service tailored to your unique situation. Mediation offers a collaborative and respectful approach to resolving disputes, helping to minimise conflict and foster amicable agreements, and at Rattigan & Associates, we guide you through this process with empathy and understanding, aiming to achieve fair outcomes while preserving relationships. Our firm prides itself on delivering practical solutions that respect the interests of all involved, ensuring that agreements are reached in a conducive and supportive environment.
Contact Our Family Mediation Lawyers in Perth 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 10 minute telephone conversation about mediation.
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 financial 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.
How long does the family mediation process typically take?
The length of the mediation process can vary depending on the complexity of the issues and the willingness of both parties to cooperate. Typically, mediation sessions range from a few hours or a full day.
What should I bring to a mediation session?
It is advisable to bring relevant documents such as financial statements, asset and liability details, children’s schedules, and any prior agreements or court orders. This helps ensure that all necessary information is on hand to facilitate productive discussions.
Can mediation be used if there are allegations of domestic violence?
In cases where there are allegations of domestic violence, mediation can still be an option, provided that proper protocols are in place to ensure the safety and comfort of the parties involved. Our professional family mediators in Perth can provide guidance on whether mediation is suitable in such scenarios.