We think mediation is a fantastic tool and approach to adopt in a number of separations for both child related matters and property matters.
We have significant experience and success in resolving complex legal and emotional cases through our services and engagement in mediation.
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 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 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.
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.
We encourage you to make contact with our office today for a free telephone conversation about mediation, where ever you may be in the separation process.