Mediators

Mediation entails the use of a neutral third party to assist parties in reaching an agreement. The parties or a court can appoint a mediator. The mediator does not decide issues in the same way that an arbitrator or a court would, nor does he or she give legal advice.

A mediator supports those in a family law dispute in identifying and evaluating options, negotiating, and resolving their disagreement. Once an agreement is reached, the agreement can be drafted into Consent Orders, which are legally binding.

It goes without saying that going to court is expensive, and it is unquestionably one of the most demoralising and unpleasant experiences you will have and what makes it worse, is that it can go on for years.

If you’re involved in a family law dispute, your focus must be on resolving issues as soon as possible with the least amount of financial resources and emotional drain. Family law disputes are not about winning or losing, it’s about coming to an agreement as quickly as you can that you can live with.

In the context of dispute resolution, there are a number of methods that are used successfully to resolve family law disputes, namely, negotiation, collaborative law, mediation, and arbitration. At Mediations Australia we can assist in identifying the best resolution process based on your specific circumstance.

A former judge, barrister, or solicitor who has a thorough understanding of family law, negotiation, and the settlement process will normally serve as a mediator.

The role of the mediator is to be objective and to assist in the resolution of the dispute. This implies the mediator does not take sides, pass judgment, offer advice, or direct the parties in a particular way. The mediator will promote a conversation between the parties and encourage them to actively participate in negotiations in order to try to settle the issue during mediation.

The mediator will draw attention to the issues at hand and encourage parties to evaluate the strengths and weaknesses of their own position and that of their ex-spouse.

Mediation does not have to occur in the same room. In other words, you may be in one room, and your ex-spouse in the other, and the mediator with move between you both.

Also, many mediations these days occur via Zoom.

Mediation can be done in a variety of ways. In Australia, mediators practice within the confines of the National Accreditation Standards that Nationally Accredited Mediators.

The mediator will spell out the ground rules at the outset, such as the parties and any other participants must treat each other with respect. The mediator then asks each party to present their side of the story and express their concerns. The mediator will compile an agenda (a list) of the issues and concerns mentioned by each party and will open discussion, moving the parties towards resolution.

No matter how experienced the mediator is, sometimes an agreement cannot be reached. That said, in our experience, approximately 90% of matters before mediation are settled there. In the event that mediation does not settle the matter, mediation can help to narrow the issues that need to be litigated, resulting in cost savings. At the end of the day, the courts exist to help those who are unable to reach an agreement for whatever reason; everyone has the right to a day in court. Of course, this does not imply that a court ruling will produce the desired or even anticipated result. A court decision is sometimes seen negatively by both parties, and it is virtually always disastrous to one or both parties.

A successful mediation produces a written agreement signed by both parties, which is normally required to be documented by courts or in the form of a binding agreement. In family law, an agreement reached through mediation is not final and binding; it must be approved by a court or formalised by a financial agreement. In cases involving children, a mediator can assist the parties in drafting a parenting plan, which, while not a court order, is a document that can be presented to the Family Courts as evidence of the parents’ agreement. Always double-check that the agreement reached at the end of a mediation is satisfactory to you. If you’re not sure, ask for some time to think about it.

Parenting Matters

If you and your former partner are in dispute in relation to parenting matters, mediation is a very effective way of resolving such matters.

Prior to filing an application to a family court for parenting orders, all people who have a dispute over parenting concerns must undergo a certain sort of mediation called as Family Dispute Resolution (“FDR”), according to the Family Law Act (1975). There are a few exceptions to this rule that the Court may consider in particular circumstances.

We can provide you with detailed information on the mediation process as well as legal advice in advance of the meeting. When you participate in mediation, we will inform you of your rights and obligations under the Family Law Act and discuss a variety of possible outcomes that are unique to your situation.

Financial Matters

Financial matters, in particular, property settlement disputes are frequently resolved during mediation. If your particular financial dispute is complex, at Mediations Australia, our team can guide you through the best approach to resolve the matter without litigation. For example, increasingly complex financial disputes are being resolved very effectively through arbitration.

Are your mediators accredited?

Yes, all our mediators are nationally accredited under the National Mediator Accreditation System (NMAS) and registered as Family Dispute Resolution Practitioners with the Attorney-General’s Department.

How do I choose the right mediator?

Our intake team matches you with a mediator based on your specific needs, location, and the complexity of your matter. All our mediators have extensive experience in family law and dispute resolution.

Can mediators give legal advice?

While our mediators cannot provide legal advice during mediation, their dual qualification as family lawyers means they understand the legal framework and can ensure agreements are practical and enforceable.

What if mediation doesn’t work?

In the unlikely event mediation is unsuccessful, our accredited FDR practitioners can issue Section 60I certificates required for court proceedings. However, 90% of our mediations reach successful agreements.

Book Your Mediation Today

Don’t let disputes drag on. Our expert mediators are ready to help you reach fair, workable agreements quickly and affordably. Contact Mediations Australia today for your free consultation and take the first step toward resolution.