Family Law Mediation, Australia

Mediation is an alternate dispute resolution process and compulsory step stipulated by the Family Law Act to get couples in a family law dispute to negotiate an outcome that is agreeable to both of them. It is a process facilitated by family law mediators, Australia (neutral third party), but the couple controls the outcome. However, invariably it is the case, that if a couple choose to litigate their family law dispute, the family law mediation step is seen as a formality and this approach undermines a process that can ultimately bring a resolution to the conflict, saving significant time, significant legal fees, and outcomes that are likely not satisfactory to either person.

Rarely is the case that couples who litigate their family law matters are happy with the outcome. Why? Because the involvement of lawyers invariably can lead to issues becoming both more complex and more emotionally-charged. This means that resolving your family law dispute can become very expensive. Notwithstanding this, it’s likely that the final outcome, neither person is happy about. It’s well-reported that resolving your family law matters with lawyers will cost on average, between $40,000 and $80,000 and will take approximately 3.5 years. In contrast, a family law mediation with Mediations Australia will cost each person, in the vicinity of $1,500 and will take up to one-day.

Well, it can work in a variety of ways that best suits your circumstance and of course, how amicable you and your ex-partner already are. For example, you and your ex-partner may have collaboratively agreed that the relationship no longer worked and now you both just want to tie up the loose ends in a way that those agreements are binding. If you have both received independent legal advice or you haven’t yet or intend to, then Mediations Australia Family Law Mediation can see both you and your partner together and provide an initial information session covering the mediation process. Alternatively, if you are already engaged in the legal process to resolve your family law matters, but now wish to draw into an end through alternate dispute resolution, then you can request mediation or simply ask us to do this on your behalf. We can then interact with your family lawyer.

Absolutely! A signed settlement agreement is as enforceable as any other contractual agreement. However, some Family Law mediation agreements must be lodged with a court to be recognised. Your Mediators will be able to advise you on this and at Mediations Australia, we will have the agreement constructed, perused by one of our lawyers and lodged in the Court on behalf of both you and your ex-partner.

A small number of couples who choose to do family law mediation, unfortunately, are unable to agree on all matters. However, if there is agreement on some matters, these can be enshrined in an agreement that is legally enforceable. For those matters unable to be mediated successfully, it may be the case that there is better clarity of the sticky-points that will allow you or your ex-partner to consider them with a little more time and choose to return to the mediation table at a later point. Alternatively, you may now wish to seek some legal intervention having benefited from identifying the key issues preventing resolution and isolating legal focus on those points alone. We can connect you to one of our Collaborative Lawyers.

At Mediations Australia, our Accredited and experienced Mediators offer you and your partner, a free initial consultation. This can occur in a number of ways, either individually in-person, via our state-of-the-art video technology or by phone. Alternatively, this free initial appointment can occur with both of you present, again either in-person, video or phone. The latter option works really well if you and your ex-partner have moved beyond the raw emotions and now just want to sort out the details and iron out an agreement.

It’s probably not surprising that all of our Mediators at Mediations Australia are either practising family lawyers or have been practising family law for many years. Typically it is the case that our Mediators chose to undertake further study to become Mediators because they had experienced first-hand the failings of the family law system, in particular, the lunacy of wasting so much money and time, not to mention the fact that litigation aggravates already strung-out relationships.