Mediation Archives - Page 5 of 6 -

Dec 08

How to Convince Your Ex-Partner to Do Mediation

By Mediations Australia Mediation

As much as we want to make relationships work, there are times when it is difficult for those involved to resolve issues on their own. When it comes to parenting and property matters post-separation, unfortunately, emotions can override common sense. The consequences of which can be extraordinarily expensive and lengthy. The bottom line is that you want to avoid litigation at all costs and resolve the issues in dispute with mediation. However, that can prove difficult, particularly when one party is willing and the other is not.

What do you do about this if you’re the willing party?

Choose a Mediator that you are both comfortable with

The mediator’s role is to get the parties to compromise or agree to the terms of the settlement. That is why, when choosing a mediator, it should be someone that your former partner is comfortable with, someone they can freely express themselves to so that the process is not too emotionally painstaking. At Mediations Australia, our mediator will consult with both parties prior to each mediation.

Clarify the Focus of Mediation

Sometimes, a person is reluctant to undergo mediation because they do not know the true purpose of it. Some think that mediation is a form of litigation. Others may wrongly perceive that the costs will be similar to that of legal action. In order to convince your ex-partner to consider mediation, help them understand that this is an out-of-court action and that the sooner the issues are resolved, the sooner everyone can move on. Pivotal to this of course is ensuring that there is clarity of the issues that are in dispute. When emotion is overwhelming, it can distort the real issues that need resolution. A free, initial consultation with one of our mediators will assist you both to understand what really is in dispute.

Mediation is not counselling

Another misconception of mediation is that it is equivalent to counseling where the counselor aims to bring back the ex-partners together. Mediation is not about reconciling the relationship, nor does it deal with emotional issues. The primary objective of mediation is to identify the issues in dispute and formalise an agreement between you both that resolves the issues.

Mediation Gives You More Control Over the Outcome

Mediation, in comparison to litigation, gives the parties more control over the terms of the settlement, hence, they are much happier with the result of their resolution compared to “litigation” where the judge solely decides the outcome of the case and the parties have no say with regard to the result.

You Don’t Need to Be in the Same Room

Often an impediment to mediation can be the misconception that the mediation is facilitated around a table. For most mediations, this does not occur. In fact, most mediations occur in what is described as a shuttle format. This means that the mediation will be done via zoom or video conference and you will not see the other party or talk with them. Instead, the mediator will work between you both trying to reach a resolution.

What to do next

The best way to have your former partner agree to mediation is through the provision of information. A great way to have them informed is simply to send a link to this website. Also, at Mediations Australia, should you or your former partner have questions about the process, we can answer them for you at no cost.

If you would like to further discuss any of the issues raised in this article, contact our expert Melbourne, Perth, Brisbane, Sydney mediation team today. Mediations Australia exists to help people stay out of court and resolve their issues in a faster, cheaper and more effective way.

Jul 21

What to Expect At a Family Law Mediation for Property Division

By Mediations Australia Mediation, Property Settlement

Family Law Mediation for Property Division

Working out what to do with property assets when a couple decides to separate can be a difficult, stressful process, and many are turning to family law mediation for property division as an alternative. And it’s not made easier by the cost and inevitable delays involved if you need to go to court to have orders made about how everything should be divided.

That’s where mediation offers a compelling alternative. This dispute resolution method provides a significantly cheaper, faster and generally less stressful means of resolving a family dispute about property, avoiding the need to go to court. In contrast to the adversarial nature of the court process, mediation emphasises collaboration and cooperation between both parties to reach a resolution you can both live with, and thereby move forward with your lives.

Here we’ll look at how the mediation process works when it comes to dividing property assets between a separating couple. You should always seek independent legal advice about whether mediation is suitable for your circumstances to resolve a family property dispute.

How the mediation process is conducted

When a couple separates and there are children from the relationship, Family Dispute Resolution (FDR) to discuss the living and care arrangements for the children is a compulsory pre-court process under the Family Law Act 1975. This is not the case where only property orders need to be decided, but for the reasons mentioned above mediation remains a useful means to achieve property settlement to avoid going to court.

Mediation is conducted by a trained, neutral mediator whose role is to assist you and your ex-partner find a workable solution to your property dispute. The mediator facilitates a calm, civil and collaborative environment so that both parties can ask questions, raise issues and negotiate a split of real estate, superannuation, bank accounts and other financial assets accumulated during the relationship.

The process is generally conducted in a suitably appointed meeting room at a mutually agreed location at a mutually agreed time. Ideally, the venue has two ‘breakout’ rooms to which each party can retire to discuss the issues with their legal representative (if present) or to allow the mediator to conduct a ‘shuttle’ negotiation between both parties to achieve a resolution. Mediation may achieve a settlement of the issues between the parties in one session, or a number.

The mediator does not decide any of the issues involved in the property matter, nor offer legal advice. They are there solely to provide a structure within which both parties can discuss their issues in an orderly, civil fashion with a view to a possible agreement.

Preparation: A successful mediation requires some preparation, particularly in regards to supporting material. Documents such as mortgage agreements, land titles, vehicle registrations, bank loans, overdraft facilities, credit card statements, superannuation statements and business documents may all be necessary.

The purpose of collating these documents is to allow you to identify and confirm the assets each party held before the marriage or relationship, which ones were accumulated during the relationship, and whether any assets were acquired in the period after divorce or separation. Your legal representative can help with this process.

The role of a legal professional in mediation

It should be noted that while you can have a legal representative present at a mediation, unlike in court lawyers do not lead the contribution of each party. Instead, your lawyer can be present to offer support and advice on your legal position at the appropriate time. Mediation is primarily designed to empower you and your ex to form your own negotiated settlement of property matters.

The reason you should speak with a legal professional with expertise in family law matters before entering into mediation is that they can provide you with an understanding of how assets are distributed according to the Family Law Act 1975. In doing so they can give you an idea of what a settlement outcome might look like if you progressed the matter to the Family Court. Knowing this information will often give both parties additional motivation to resolve through the mediation process.

Hopefully, an agreement on how to divide the property assets can be reached through mediation. If so, the mediator will record the details of the agreement in a document. To make this agreement legally binding and enforceable against both parties, however, a binding financial agreement (BFA) or Consent Orders are required. Your legal representative will be invaluable in this process.

BFAs can be made at any time during a relationship – including as a result of mediation after a separation or divorce – and detail how assets and money are to be divided, and each party is to be maintained when the relationship ends. A BFA is only legally binding and enforceable where each party has received independent legal advice and the agreement has been signed by both parties and their legal representatives.

A BFA will be unenforceable if, in its formation, there is dishonesty; the agreement cannot be practically carried out; the care and welfare of children are affected, or; if there was unethical or unfair behaviour by one of the parties.

Consent Orders are the Family Court’s formalisation of an agreement between a couple. An agreement reached by two people through mediation, for instance, can be formatted as Draft Consent Orders to be filed with the Family Court. The Court reviews the Orders based on whether they are ‘just and equitable’ to both parties and, if so, confirms the Consent Orders to make them legally enforceable. The just and equitable requirement constitutes a significant difference between Consent Orders and a BFA.

Let us help you

Mediations Australia can help you through all stages of the process, including advising on the appropriateness of mediation for your property matter, helping you negotiate with the other party, advising on your likely options with regards to family law medation for property division and formalising any agreement you may reach.

Contact us for Family law mediation today for sound, practical advice to negotiating a property settlement that is just and equitable.

Aug 16

The Costs Of Going To Court

By Mediations Australia Litigation, Mediation

The costs of going to court are staggering, yet many people still consider this as their only option when trying to resolve a dispute.

Going to court to resolve conflict is increasingly considered as the worst way to get things sorted, with most courts in Australia now mandating that mediation or alternate dispute resolution is a step or a series of steps that must be undertaken before reaching the door of the court. Despite alternate dispute resolution not working in some circumstances, people in conflict can even find that when they get to court following unsuccessful mediation, the court will order that they keep trying.

Why is Going to Court Expensive?

Court costs are overwhelmingly high, but what invariably is higher are all the legal costs associated with getting there. Once you get to Court, the fees of your lawyer and a Barrister will be in the vicinity of $6,000 – $12,000 per day. It’s likely that it has already cost you possibly ten times that amount to get to this point. Notwithstanding this, if you lose, it may be the case that you will be ordered to pay the winner’s legal fees as well as your own.

In the context of winning and losing, no one goes into litigation with the thought of losing, yet the thousands of cases that go before courts each year and subsequently written up in volumes of case law result in a win and a loss. What is just as alarming is the fact that many who actually win, lose as well. The financial impact weighs less significantly than the emotional impact of being involved in litigation.

What are the Actual Costs of Going to Court?

As mentioned, litigation is made up of hugely laborious steps before even reaching court. These steps are a mixture of preparation, drafting court documents, meetings, expert opinions, including barristers, negotiation, mediation, then court costs. When discussed globally like this, it may not sound to be a lot of money, but when you calculate hourly rates of lawyers and associated professionals whose average hourly rate is between $350 – $700 an hour, the costs escalate very quickly and before you know it, tens of thousands of dollars.

How Do Lawyers Charge?

As mentioned, a lawyer’s fee will be in the vicinity of $350 – $700 an hour, not to mention additional costs including all the personnel who work on your legal matter within the law firm.

Depending on the type of legal matter, it’s likely that when you first engage a lawyer to act for you they will require you to deposit a substantial amount of money into their trust account to enable them to start work. The charges they intend to invoice you for will be subject to a costs agreement that you must see and agree to before any work is instigated. They also must provide you with an estimate of how much your legal matter will cost to litigate.

What About No Win No Fee?

Depending on the area of law that you require help with, there may be law firms who will act for you on a No Win No Fee basis. This is particularly so in relation to personal injury law matters. Simply put, if your matter is successful you will pay the legal fees, if it is not, you will not pay your lawyer’s legal fees.

However, what you need to know is that if unsuccessful you may not have to pay your lawyer’s fees, but the successful party’s lawyers may seek their costs from you.

Accordingly, you do need to consider this and ensure that if your legal matter is eligible for a No Win No Fee contingency arrangement the law firm you’re working with is very skilled in the relevant litigation.

Costs Ordered by the Court

If your matter does not fall inside a No Win No Fee arrangement, if your legal matter is successful it usually follows that the Court may order costs against the unsuccessful party and they become bound to pay aspects of your legal costs.

In relation to these costs, there are a number of ways that the Court may consider the allocation of these costs. For example:

Party costs are the most common form of costs ordered by a court. What this typically means is that the unsuccessful party will be ordered to pay the “agreed or assessed” legal costs. This basically means that you and the other party:

reach an agreement on those costs to be paid; or
agree to an independent assessment being undertaken to determine what each party’s ‘reasonable’ costs are due to the litigation.

It’s usually the case that these costs are between 70-85% of the real costs.

The Intangible Costs of Going to Court

In considering the costs associated with going to court, we mostly consider the financial impact. However, the psychological cost of going to court can be massive.

By way of example, in the UK, a leading Will dispute litigation practice found that over 80% of people they represented in such matters showed significant symptoms of mental health issues related to the often lengthy litigation. Notwithstanding this, particularly in family law litigation, there are many innocent people involved, most notably children.

Is There a Better Way?

The best way to avoid going to court is by not going to court. Legal Industry-Academic, Dr George Beaton from the University of Melbourne says hiring a lawyer is a “grudge purchase” for consumers.

“With most purchases in life a consumer gets a degree of certainty, but lawyers usually can’t say for sure what the final figure will be, because they don’t know how long the case will run or the final outcome.”

Dr Beaton suggested that by far, mediation is a better approach.

In our experience, at Mediations Australia, we obviously agree. Litigation is set up by conducting a number of adversarial steps along the way that fragment and worsen relationships culminating in a bitter fight to the end. This typically results in no one walking away content with the outcome, but rather significantly poorer for the experience and psychologically damaged.

How Does Mediation Help?

Mediation derives from an acknowledgement that disputes are a part of life and the sooner you resolve them, the better for everyone.

Disputes get worse the longer they’re left, by choosing mediation early in the dispute, resolution can typically be achieved.

Notwithstanding this, the costs of mediation are a fraction of litigation costs. The same dispute may cost $300,000 to litigate and less than $5,000 to mediate, potentially including legally-binding agreements being drawn up.

How Do I Make The Decision?

A very small percentage of disputes simply won’t resolve in mediation. This primarily is because both parties are intractable in their positions. In other words, they won’t give an inch. These are the types of matters that Dr Beaton referred to as “grudge” matters. Common sense goes out the window and their fierce determination to win at all costs takes over. At times, there may be one innocent party to all this, while the other one is intent on wrecking them financially and emotionally.

The other types of matters that end up in litigation are invariably those that are very complex and potentially have many parties to the litigation.

But that said, increasingly arbitration is being used to settle these types of matters. For example, many complex commercial and construction disputes are arbitrated in Australia.

You can read more about how Mediations Australia can assist in family law arbitration and other types of arbitration.

What to Do Next

Regardless of the type of dispute you’re involved in, it’s advisable at soon as possible to seek advice. At Mediations Australia, our mediators are all qualified lawyers. They’re perfectly suited to ascertain the nature of your dispute and will give you some potential options that will best achieve a resolution that you’re happy with.

Contact the Perth office of Mediations Australia today to discuss how family law mediation can help you. We can connect you to the best Mediator in most major cities in Australia including including Canberra, Perth, Adelaide, Melbourne and etc.

Jun 11

Five Benefits of Using Mediation to Resolve Divorce Issues

By Mediations Australia Divorce, Mediation

Divorce is one of the most difficult times in any person’s life. It’s made harder by the fact that while you’re struggling to come to terms with the end of an important relationship in your life, there are big issues to be resolved around property, finances and children.

These days many people going through a divorce prefer to deal with these painful issues through family law mediation, rather than face the costly, time-consuming and adversarial route of going to court.

By utilising the services of a qualified mediator who acts as a neutral third party, the divorcing couple can take control of how to resolve the tricky issues involved in separating lives in an understanding, calm and collaborative environment.

Here are five benefits of using mediation to resolve issues around divorce, which our Perth mediation office can help you with.

Control when a couple going through a divorce goes to court, they are effectively leaving their futures in the hands of the judge and their respective lawyers, who make decisions for them on things such as dividing property and assets because they can’t. In mediation, the couple takes back control in coming to a fair division of their shared assets by working through the issues and creating a solution that works for both of them. This is achieved through negotiation, expertly guided by the family law mediator. In mediation, both parties have time to put their side, explain their needs, discuss areas of both agreement and disagreement, and then come to a joint resolution. In mediation, no settlement is imposed on either party as in court.
Confidential and voluntary family law mediation between divorcing couples doesn’t happen unless both voluntarily agree to attend. Equally, both are free to walk away at any time if the process is not working for them. Unlike court proceedings, which can be made public and even receive adverse media publicity, agreements made within mediation are confidential unless both parties agree otherwise. This is an attractive feature for many people given the sensitive nature of the issues discussed during a divorce.
ConvenienceAttending court can be difficult for many people, particularly if you’re working, plus the procedures of the court can be notoriously slow and time-consuming. Family law mediation offers greater flexibility and convenience, with the mediator generally able to stage the session close to both parties and at a mutually agreeable time. Mediation usually consists of the main meeting room, with separate ‘break-out’ rooms for each party to conduct separate, private discussions with the mediator/s as the negotiations are conducted.
Co-mediation family law mediation offers the possibility of engaging neutral co-mediators. The benefits of this include having two qualified people guiding the mediation, rather than one. One may have more expertise in law while the other offers more insight on financial matters, mental health, or child welfare. They can also act as a check on each other to prevent any perceptions of bias and to ensure the mediation process stays on track. One mediator may be male and the other female, if the parties to the mediation feel more comfortable discussing divorce issues with someone of their own sex. Negotiations may also be conducted more speedily with two mediators, each having separate discussions with the divorcing couple. Whether there are one or two mediators, at all times they remain neutral and merely act as facilitators for the estranged couple to negotiate their own agreement.
Affordable and faster compared with litigation through the courts, mediation remains a markedly cheaper, more convenient option for most people. It should be noted that if a co-mediation is preferred, the costs increase but the method still remains more affordable than legal action through the courts. Also, you can take the help of family lawyers Gold Coast for legal information.

Family law mediation will usually produce an outcome that is satisfactory to both parties sooner than court action, too, because it’s free of the multiple procedures, administration and other delays of the court.

Finally, mediation helps participants focus on communicating with each other in a civil, constructive way, preserving their relationship once the divorce is finalised. This is particularly important when there are children involved.

If you have any questions about the benefits of mediation in resolving all the issues involved in a divorce, contact the Best Mediation Perth office of Mediations Australia today to discuss how family law mediation can help you.

Jun 11

How You Can Reach an Agreement in Mediation

By Mediations Australia Mediation

Mediation is a proven way for people to avoid going to court. Family law mediation, in particular, can save people who are going through the emotional trauma of a relationship ending a lot of stress, time and money because of its high success rate.

The reason this form of negotiation works is because it brings a couple together in a structured but informal environment to clearly and calmly discuss the issues between them, guided by a neutral third party in the form of an expert best mediator.

This voluntary method takes away the sometimes overbearing influence of lawyers and the adversarial nature of the court environment and instead gives control to the former couple to make their own decisions about how best to separate their lives and move forward.

But like anything in life, preparation is the key. Family law mediation requires some prior planning and work by each party in order for it to be successful. Here are a few things to take note of…

Work out the key issues beforehand

It’s more than likely that both of you will know the main areas of disagreement or contention arising from the separation. These could relate to the children from the relationship, property matters, finances, or many other possible topics.

What’s important is that you are clear about which issues you wish to raise for discussion during the mediation. Making a list and perhaps ranking each issue by priority or importance is one way of ordering your thoughts.

Ideally, you provide this list of topics to your ex-spouse ahead of the mediation session so that they can be similarly prepared and ready to constructively discuss each area of disagreement.

Have your documents organised

In support of the issues you wish to try and resolve through mediation, it’s wise to have all relevant documentation organised and at hand before the appointment.

If you’re discussing property and financial matters, this could mean having valuations, bank statements and tax returns with you. If you’re discussing child custody matters, it will be beneficial to have any child support assessment documents with you, for example.

Again, it’s good practice to make sure your ex-spouse has copies of these documents before the mediation appointment. Producing ‘surprise’ documents on the day can lead to a breakdown of negotiations, wasting everyone’s time and money.

Take a realistic view of your options

Working out the issues that need to be addressed is one thing, but deciding the best course of action to take in resolving them is an altogether different proposition.

It’s best to discuss the various options that may arise with a legal professional before the mediation appointment so that you have some certainty about which options are preferable and realistic. For instance, if you plan to suggest buying out your ex-partner’s share of the family home, it’s best to know whether you will have the financial capability to do so before the mediation.

Similarly, with child custody matters, it’s advisable to properly understand what your children’s preferences are in terms of shared living arrangements and how they can be achieved.

It’s important in undertaking this process to think about how your ex-partner will respond, and what they may ask for in return. By doing so you will be more prepared to respond effectively and appropriately during the mediation.

Be prepared to give some ground

No one gets everything they want through mediation. But unlike court decisions, which usually produce a clear ‘winner’ and ‘loser’, a settlement negotiated through family law mediation provides both parties with a resolution they can live by.

Naturally, this process involves some compromise – that’s what negotiation is. It’s best to be prepared ahead of the mediation appointment and understand where you are willing to give some ground on the relevant issues… as well as where you are not.

Our expert Gold Coast mediation specialists can provide helpful advice and guidance on all the issues raised in this article to ensure you are properly prepared for mediation. By doing so, you can take the benefit from mediation’s best features: a quick, affordable and legally binding agreement that allows you to move on with your life.

Jun 11

Mediation in Property Settlement Cases

By Mediations Australia Mediation, Property Settlement

When a couple decides to end their relationship, it’s usually the case that they wish to separate their lives as soon as practicably possible. This can prove difficult to do if you owned property together during the relationship.

Settling property matters is an important step in being able to move forward with your life, particularly given the amount of money we usually have tied up in a real estate asset. Whether you want to sell what was formerly the family home and split the proceeds, or wish to buy out your ex-spouse in order to stay on in the house, resolving this issue can be hard at an already emotional time.

What’s more, many people are under the impression a court will split property assets 50:50 between the parties. This is not the case. Instead, the court uses a lengthier process that takes in such things as the financial and non-financial contributions made during the relationship and each party’s future needs in order to decide on a fair and equitable division of property.

How does mediation help?

Because it is complicated and takes some time, property settlement is something to be undertaken as soon as possible after a couple decides to separate or divorce. Married couples do not need to wait until they are divorced in order to decide what to do with shared property assets.

Compared with going to court, mediation is a faster, cheaper and generally more satisfactory means of coming to a property settlement with your ex. The structured process, guided by an independent third party in the form of a qualified, experienced mediator, allows each of you to calmly and methodically go through the issues involved.

By doing so you can hopefully come to a negotiated settlement that meets the needs of both parties. Mediation property matters are generally resolved much faster than when they are conducted through the court process.

Making the agreement formal

In many cases, a separating couple will already have worked out what they want to happen in regards to dividing property and other financial assets. But even in this situation, it’s advisable that each seeks independent legal advice and proceeds through the mediation process.

By doing so you can reach an agreement that the mediator can formally document. It’s then up to both of you to decide whether the agreement is to be enforceable, and therefore legally binding, or merely informal, with both of you agreeing to abide by its terms.

The advantages of family law mediation

The ability to act quickly in conducting a mediation, plus its affordability and convenience for both parties, means that the sometimes complicated process of property settlement is made much easier.

This is particularly important when there are children from the relationship, who may be experiencing emotional disturbance from the uncertainty around their future living arrangements as a result of the separation.

Additionally, the agreement made between you and your ex-spouse is a work of mutual creation. You may not get everything you wanted, but you will both get many of the things you needed. This process helps preserve a civil relationship between the parties in the future.

Family law mediation is also a voluntary process. You can walk away at any time if the experience is not working for you. Any agreement you make with your ex is also confidential between the parties.

What to do next

If you have a mediation property matter and require advice or guidance on the next steps to take, contact At Mediations Australia. We have a team of family lawyers and mediators who can assist you in Perth, Canberra, Sydney, Melbourne….and all other locations in Australia. We also do international family law matters.

Jun 11

5 Reasons Why You Should Consider Mediation for Child Custody Disputes

By Mediations Australia Mediation

When a couple’s relationship ends, things can become so bitter and emotional that people can think going to court is the only way to resolve the issues between them, including the custody and raising of any children from the union.

But fighting through the court is generally a drawn-out, costly and adversarial process that can emotionally damage the children, ruin a future civil relationship between the ex-partners, and produce an outcome that is not just and equitable to both parties.

Here are the five reasons why participating in family law mediation to resolve child custody disputes is a better way forward.

Mediation is less stressful because there’s Less Conflict

The mediation process empowers the former partners to discuss the relevant issues, canvass options to resolve them and come up with their own mutually agreeable parenting plan to address child custody. Whereas mediation is collaborative in nature, pursuing your ex-partner through the court can create more conflict and distress for all members of the family. Mediation focuses the parties on finding a solution that works for both of them and, most importantly, is in the best interests of the children.

It’s better for the Kids

Adults often forget how much children notice and pick up when their parents fight. The worry about their living arrangements and the disruption to their normal routines when parents split up can be even more damaging. Unlike court, mediation provides a calm, child-focused environment in which the estranged adults can concentrate on what is most important: the best outcome for their children.

Court proceedings on child custody matters are often considered a chance for ex-spouses to air ‘dirty laundry’ about each other, which can get back to the children and further harm them emotionally. An experienced, neutral mediator ensures that the mediation process is constructive, not destructive, in finding a workable custody solution that keeps both parents present in their children’s lives.

Mediation is meant to help both of You

Court decisions are often said to produce ‘winners’ and ‘losers’. Lawyers fight for their clients in order to get a result that is better for them than their opponent, or the ex-spouse. In contrast, mediation for child custody is designed to achieve a win-win situation. You might not achieve everything you’d like, in terms of custody of the children, but you can reach an agreement with your ex that you can both live with. The neutral mediator is there to help you reach this agreement by making no judgments and offering no opinions. Instead, the mediator facilitates an environment in which both parties feel comfortable discussing the relevant issues, however difficult, and methodically work through them to find areas of agreement and hopefully, a mutually satisfactory resolution.

Workable Relationship in the Future

When a couple has kids, they are bound together in caring for and raising them until they are of legal age, even if they separate. This means that whether they split up or not, they need to communicate with each other regularly about all the issues children will face, from health to education, recreation, religion, access to extended family members, and much more. When couples fight through the courts, their relationship beyond legal action is often destroyed by the whole experience. This deterioration impacts further on the children. One of the aims of family law mediation is to avoid this happening. Instead, by coming to an arrangement you both helped achieve through mediation, you can hopefully move on with your lives and deal with each other in a civil, constructive manner for the future benefit of the children.

It Makes Dollars and Sense

Everyone knows going to court is an expensive process. Lawyers who represent people in court don’t come cheap! Not to mention the time and stress involved. Mediation is in general much more affordable, requiring only the separated couple and a mediator, and can achieve a resolution more quickly. The result is a better outcome for the ex-partners and their children.

Jun 11

How to Get Ready for Property Settlement Mediation

By Mediations Australia Mediation, Property Settlement

When it comes to family law matters, none of us really want to go to court. Unfortunately when a couple separates, dividing up the property assets acquired either jointly or separately during the relationship can prove to be a conflict-riddled process that often ends in costly, time-consuming litigation.

In many cases these days, separating couples must first try the mediation process to try and come to a property settlement on their own, without the need for court action. Mediation is more affordable, often faster, and allows for a more collaborative approach between ex-couples in a more informal setting to try and resolve their dispute.

Preparing for a Mediation Property Matter

One of the keys to a successful mediation property matter is preparation. Understanding the detail of what the assets and liabilities between you are, the options for splitting them up, and how mediation can achieve this result, is vital. Our Sydney meditation lawyers can help you get the best out of mediation for property settlement by checking off some of the things detailed in the rest of this article.

The To-Do List for a Property Settlement Mediation

It’s important to understand upfront that mediation involves compromise. Neither party should expect to get every single thing they want but through discussion and negotiation, they can achieve an agreement they can both be satisfied with. The key to successful mediation on a property settlement is ensuring you come to the meeting prepared.

Firstly, a duty the parties to a mediation property matter need to meet their assets and liabilities before or at the meeting. Failure to do so could see the Family Court invalidate any agreement reached through mediation. Disclosing assets and liabilities should cover such things as:

Your income or earnings;
current superannuation amount;
valuation details of any trusts, companies or businesses in which you have an interest;
information on the property you sold both in the year before and since you separated from your former partner;
appraisals or valuations of any real estate assets you currently hold;
estimates of the values of vehicles you own.

In some cases, former partners may not know what assets the other party holds but it is always helpful to know ahead of the mediation process in order to be ready for a possible negotiated settlement.

This may require doing some due diligence through online databases on land ownership, company registration and professional associations in order to assess the former partner’s assets, income, and income-earning capacity.

Our Sydney mediation experts then suggest you compile both your assets and liabilities and those of your former partner (as you understand them) in two comparative lists so that you can identify before the mediation where significant differences exist.

Have Property Settlement Options in Mind

Part of good preparation for an effective property mediation is having an idea of what you’ll be happy with as a settlement before you begin the process. The advice of an experienced lawyer and/or financial adviser can prove invaluable in working out what assets from the former relationship you need in order to move forward with your life. Perhaps you wish to keep the family home but need to refinance the mortgage over it and payout your former partner. Or perhaps you both wish to sell up and start afresh. Family law mediation helps clarify and prioritize these issues so a negotiated settlement that is equitable to both parties can be reached.

Our Brisbane mediation team at Mediations Australia can help answer all your questions on the mediation process – how it works, what to expect, and how to prepare. Our specialist practitioners in family law mediation will help you realize the real benefits of this form of dispute resolution.

At Mediations Australia, we have a team of family lawyers and mediators who can assist you in Canberra, Perth, Adelaide, Melbourne, Sydney, and all other locations in Australia. We also do international family law matters.

Jun 11

The Role of the Lawyer in Mediation

By Mediations Australia Mediation

These days mediation is a required step before many family law matters may proceed to court action. In many cases, the former partners will resolve their areas of disagreement at this stage, saving time, money and a lot of stress. The collaborative nature of mediation, guided by a neutral third party in the mediator, can also help ex-couples maintain a civil discourse beyond their dispute.

The increased use of mediation in family law poses a challenge for lawyers who specialise in this area. Lawyers are trained for the adversarial nature of the courtroom, where the final decision of the judge causes one party to be the ‘winner’ and one the ‘loser’.

Mediation, by comparison, is designed to empower the parties in dispute to come up with their own solutions to resolve their disagreements and so lawyers have a different, yet still important, role.

Our Brisbane mediation experts at Mediations Australia have backgrounds in both mediation and as family law practitioners, meaning we offer the best of both worlds.

How can a lawyer help with family law mediation?

Lawyers can advise you both before the mediation session as well as attend on the day.

Prior to mediation, an experienced lawyer can be particularly valuable in advising you on everything from how the mediation process works and what to expect from it to the strength and weaknesses of your case, the settlement options you should consider, and the chances of success of further legal action, including the likely costs and duration of taking the matter to court.

You can also have a lawyer present at a mediation appointment with your ex-partner but should be vigilant that they attend in a ‘hands-off’ advisory capacity. In this setting, lawyers need to restrain their natural instinct to do the talking and negotiating on behalf of you, their client. The trained mediator is the person running the mediation.

Instead, a lawyer attending mediation is there to offer general legal advice to you and, in certain situations, the other participants in the mediation and to offer a legal view of the possible settlement options canvassed. They will often ‘reality test’ proposals for settlement to see that they legally meet your requirements and also those needed for a court to enforce the decision. Your lawyer is not there to influence the way the mediation is conducted.

At Mediations Australia, we have the expertise and experience in both mediation and family law practice to be able to provide you with the best mediation experience possible. Our family law mediation experts know how to tailor their advice and guidance to clients to achieve a successful outcome from mediation, helping you avoid the stress and cost of a subsequent court action.

Jun 11

Difference Between Mediation & Conciliation

Difference Between Mediation and Conciliation

By Mediations Australia Mediation

Two of the most common processes in family law dispute resolution are mediation and conciliation. They sound similar, and they do share some common ground, but they also have important differences. Understanding those differences can be critical in choosing the right process for your circumstances—and in feeling confident that the process you choose will genuinely help move you towards a resolution.

In this article, we’ll break down:

The role of mediation in family law disputes
The role of conciliation and how it differs
The advantages and limitations of each
Practical tips for deciding which approach might suit your situation best

Understanding Alternative Dispute Resolution in Family Law

Before we get into mediation and conciliation specifically, it helps to understand the broader context.

Alternative Dispute Resolution (ADR)—often shortened simply to “dispute resolution”—is a catch-all term for processes that aim to resolve disagreements without going through a full court trial. In Australia’s family law system, ADR processes are not just encouraged; in many cases, they’re required before you can apply to the court for orders (with some exceptions, such as urgent matters or cases involving family violence).

The reasoning is simple: court proceedings are costly, time-consuming, and stressful. They can also make it harder for separated couples—especially parents—to work together in the long run. ADR processes like mediation and conciliation provide a less adversarial environment, which can preserve or even improve communication between the parties.

What is Mediation?

Mediation is perhaps the most well-known ADR process in Australia. At its core, it’s an informal, structured discussion between two or more people who are in disagreement, facilitated by an impartial, trained professional—the mediator.

In family law mediation, the focus is often on issues such as:

Parenting arrangements (e.g., where children will live, how much time they’ll spend with each parent, how decisions about education or healthcare will be made)
Financial matters (e.g., child support arrangements, who pays for certain expenses)
Property division (e.g., how to split the family home, vehicles, savings, and other assets)

The mediator’s role is to provide the framework for these discussions. They help the parties:

Identify the issues in dispute.
Explore each party’s needs, concerns, and priorities.
Brainstorm possible solutions.
Move towards an agreement.

Key Features of Mediation

Neutral and impartial: The mediator doesn’t take sides.
Party-driven solutions: The mediator does not impose a decision or suggest a “right” answer.
Focus on communication: The aim is to help each party understand the other’s perspective, even if they don’t agree with it.
Confidential: What’s said in mediation generally can’t be used in court later (with some exceptions, such as disclosures of child abuse or threats of harm).

In family law mediation, the mediator deliberately avoids offering specific recommendations about how the dispute should be resolved. Instead, they guide the conversation in a way that allows the parties themselves to create a mutually acceptable solution.

The Benefits of Mediation

Mediation offers a number of practical advantages:

Cost-effectiveness – It is generally far less expensive than going to court.
Speed – A mediation can often be arranged and completed within weeks, whereas court cases may take months or even years.
Flexibility – Solutions can be tailored to the specific needs of the family, rather than following a rigid legal framework.
Control – The parties retain control over the outcome, rather than handing it to a judge.
Preservation of relationships – Particularly valuable where parents will need to maintain an ongoing co-parenting relationship.

The Limitations of Mediation

While mediation can be highly effective, it’s not a magic wand. Some limitations include:

No guaranteed agreement – If the parties can’t find common ground, the process may not resolve the dispute.
Not always suitable – In cases involving serious power imbalances, family violence, or unwillingness to engage in good faith, mediation may not be appropriate.
Non-binding outcome – Unless an agreement is formalised through consent orders or a binding financial agreement, the outcome isn’t legally enforceable.

What Happens If Mediation Fails?

If mediation doesn’t result in an agreement, the dispute may move to a more formal process—potentially to court—where a third party such as a judge will impose a binding decision. However, even in these cases, mediation often helps narrow the issues in dispute, which can make the court process shorter and less costly.

What is Conciliation?

Like mediation, conciliation is an informal process that aims to resolve disputes without going to court. It’s often quicker, cheaper, and less stressful than litigation. A neutral professional—the conciliator—facilitates the negotiations.

But here’s the key difference: the conciliator plays a more interventionist role than a mediator.

Whereas a mediator focuses on helping the parties find their own solutions, a conciliator may:

Offer an opinion on how the dispute could best be resolved.
Suggest specific terms for a potential settlement.
Provide a non-binding recommendation based on the facts and legal principles involved.

The Role of the Conciliator

A conciliator typically:

Meets with each party separately to understand their position, concerns, and goals.
Identifies the factual and legal issues at the heart of the dispute.
Offers advice about possible solutions.
Suggests compromises or concessions that might move the parties towards resolution.
Makes recommendations for the parties to consider—either individually or jointly.

The conciliator’s recommendations are not legally binding unless the parties choose to formalise them in a legally enforceable agreement. However, the process can provide valuable guidance, especially when the parties are at a standstill.

When is Conciliation Used in Family Law?

Conciliation is particularly common in property settlement disputes. For example, the Family Court of Australia and the Federal Circuit Court often refer parties to conciliation conferences as part of the pre-trial process.

In these settings, the conciliator—often a registrar of the court—can draw on legal knowledge to give parties a realistic sense of how a judge might decide their case. This can encourage more practical and legally informed negotiations.

The Benefits of Conciliation

Guided by expertise – The conciliator can give insight into the likely legal outcomes, helping parties make informed decisions.
Encourages compromise – Parties may be more willing to move from entrenched positions when a neutral expert suggests it.
Still less formal than court – The process is generally less intimidating and more flexible than a courtroom setting.

The Limitations of Conciliation

Non-binding outcome – Like mediation, the result isn’t binding unless formalised.
Potential for pressure – Some parties may feel pressured to accept a recommendation, even if it doesn’t fully meet their needs.
Less focus on relationship building – Because the process is more interventionist, it can sometimes be less collaborative than mediation.

Mediation vs Conciliation: Which One is Right for You?

Choosing between mediation and conciliation depends on:

The nature of the dispute – Is it mostly about communication and understanding, or is it more about applying legal principles to a set of facts?
Your relationship with the other party – Is there a foundation for collaborative problem-solving, or is guidance from a neutral expert needed?
How much input you want from the facilitator – Do you want to design the solution yourselves (mediation) or get recommendations from an expert (conciliation)?
The stage of your matter – Mediation is often used early; conciliation may come later, especially if legal issues are more defined.

Case Examples

Case A: Parenting Dispute

Sarah and Tom have separated and are struggling to agree on a weekly schedule for their children. They both want to maintain a cooperative co-parenting relationship. In this case, mediation allows them to openly discuss their needs and craft a tailored arrangement without outside suggestions.

Case B: Property Settlement

Alex and Jordan can’t agree on how to split their assets. Both are entrenched in their positions. A conciliation conference with a registrar helps them understand how the law would likely apply to their situation, leading to a settlement.

Final Thoughts

Both mediation and conciliation aim to help you resolve disputes without the stress, expense, and delay of going to court. The key differences lie in the role of the facilitator and the level of input they provide.

At Mediations Australia, we can help you determine the most suitable process for your circumstances—whether that’s mediation, conciliation, or another form of dispute resolution. Our team works with families every day to find practical, lasting solutions.

If you’re facing a family law dispute and want to explore your options, we invite you to book a free appointment with one of our family law experts today.

Jun 11

How Mediation Can Help in Financial Agreements

By Mediations Australia Financial Agreements, Mediation

In the context of family law disputes, unfortunately for many, the default position is to seek legal help and pursue a resolution through litigation. Whilst this approach is largely borne out of people simply not knowing all of their options, it can be a dangerous and expensive approach.

Australia’s Family Law Act 1975 recognises financial agreements made between married or de facto couples before, during or after their relationship as legally binding documents. Provided each party signed the agreement and received legal and financial advice before making it, the agreement will cover what is to happen regarding specific financial matters if and when the relationship breaks down.

What’s perhaps less well known is that mediation is an effective way for these agreements to be negotiated to ensure a fair and equitable outcome for both people in the relationship. Our Brisbane mediation experts are specialists in financial agreements achieved through mediation.

What do financial agreements cover?

A financial agreement can deal with a number of issues in the unfortunate event of a relationship ending, including:

Financial settlement (including superannuation entitlements);
maintenance and/or child support of one spouse by the other;
any incidental financial issues.

Some couples may choose to include these arrangements under a broader (or complementary) property settlement that covers such assets as the family home, cars, household effects, jewellery and clothing, but also shares in a business, superannuation and investment properties. It may also address what happens with liabilities from the relationship such as mortgage and credit card debts.

What are the advantages of mediation in making a financial agreement?

When couples separate, sorting out financial affairs and division of property from the relationship is often an emotional and fractious experience. In worst-case scenarios, it ends up in litigation, with all of the expense and conflict that accompanies the court process.

Family law mediation to achieve a workable financial agreement allows both parties in a relationship to take control of the decisions to be made in a collaborative, cooperative way. It’s also more cost-effective and quicker than court, and generally allows both parties to maintain a civil connection with one another despite the relationship ending. The mediation process allows for both parties to contribute to the resolution of their financial issues in a fair and equitable way.

Find a mediator

The practitioners in our Brisbane family law mediation office have wide experience in conducting mediations for separating couples. We have the advantage of also being family lawyers so can advise not only on the best way to negotiate a financial agreement but also ensure it is legally compliant and enforceable.

One way to do this is to formalise a financial agreement by applying for a consent order from the court, without you needing to go through the court process. A consent order is a written agreement that both parties agree to abide by and has the same effect as a court order made by a judicial officer after a court hearing. The order can deal with property and financial matters such as transfer or sale of a property, splitting of superannuation, and child and spousal maintenance.

Contact Mediations Australia for help and guidance on making a financial agreement through family law mediation. call one of our Perth, Melbourne mediation, Sydney and Brisbane meditation teams today.

Jun 11

Mediate, Collaborate or Litigate.

By Mediations Australia Litigation, Mediation

Mediate, Collaborate, or Litigate: In the realm of family law disputes, many default to seeking legal assistance and pursuing resolution through litigation. This approach, often stemming from a lack of awareness of alternative options, can prove costly and fraught with risks.

A more advantageous approach is to adopt a resolution-focused mindset when addressing family law disputes. This entails prioritizing methods that minimize collateral damage and expenses while effectively resolving the issues at hand.

Let’s look at the commonly used resolution practices in solving family law issues.

Mediation

Family Law Mediation works! It’s really as simple as that, providing that you and your ex-partner have a willingness to resolve your matter. Mediation is a compulsory step in all family law matters, so there’s really no way out of it, so you and your ex-partner should take the opportunity seriously. There are of course exceptions to this compulsory mediation step, in particular where there is the prevalence of domestic violence etc.

Mediation simply put is a process in which the issues that are in dispute between you and your ex-partner are identified by you both and you agree to do your very best to resolve them. The mediator is an impartial facilitator who through their skill set will assist you both resolve and reach an agreement. The mediation doesn’t necessarily have to occur with both you and your ex-partner in the same room. The mediator can work between you both in separate rooms etc.

Mediation can occur over one day or multiple depending upon the complexity of the issues involved.

If you need mediation help, we can assist.

Collaboration

Like mediation, the practice called “collaborative law” is resolution focused without relying on litigation. The most significant difference is that mediation does not necessarily rely on lawyers being involved where collaborative law does. The other very important feature of collaborative law is that the family lawyers acting for each of you agree with you that litigation is not an option. By removing litigation as a fallback position it can assist in focusing you and your ex-partner on a resolution. Similarly, the lawyers are also solely focused on the resolution without court intervention because they are bound by the same agreement. In the case that you and your ex-partner wish to cease the collaborative law process, you can do so, but it cannot be with the same lawyers.

Collaborative law can work very well if you and your ex-partner would like legal help along the way without that help being centred towards litigation.

Litigation

In the context of family law disputes, only a very small number of matters really need court intervention. Using the courts and lawyers to resolve your dispute is expensive, very lengthy and the issues in dispute have a tendency to become more complex. There is a plethora of research available that clearly shows time and time again that the worst way to resolve the far majority of family law matters is through litigation.

At the time of writing this article, the average time to resolve a family law dispute through litigation is approximately 3 years, with legal fees invariably in the range of $100,000 – $600,000. Not to mention the emotional impact that is had by all involved.

Which is best for you?

The quickest and most inexpensive way to resolve family law matters is through mediation. That said, there are a number of things to consider in determining whether mediation or collaborative law is for you.

Take us up on our offer for a free, no-obligation consultation to learn more about which method of resolution best suits your circumstance.

How Can Mediations Australia Help?

Contact Mediations Australia for help and guidance on making a financial agreement through family law mediation. call one of our Perth, Melbourne, Sydney and Brisbane meditation teams today.

Jun 11

Family Law Mediation. What Happens If I Don’t Want to Do It?

By Mediations Australia Family Law, Mediation

At the outset, there are circumstances in which mediation is not appropriate and we will detail them further in this article.

In Australia and throughout the World there is a growing acknowledgment that litigation does not work, but for the very few who have no other alternative. Litigation is often lengthy, costly, have little regard for the emotional impact of all involved and invariably hands down judgments that no one typically is happy with, but have no other choice but to live with. Conversely, collaborative law, mediation, and arbitration are all ways in which you and your ex-partner are able to play very active roles in how your family law dispute is negotiated and the middle ground that you both are willing to agree to. That said, there are no winners or losers in mediation either, but you will walk away when successful spending significantly less time and money than the alternative.

Is Mediation Compulsory?

Family Law Mediation which is also called Family Dispute Resolution (“FDR“) is the mandated preliminary step to initiating court proceedings in family law matters. Once mediation has been completed hopefully your matter has now been resolved, but if not, you will be issued a certificate from the mediator advising the court whether or not a genuine attempt was made by you and your ex-partner at the mediation.

More specifically, the Certificate will state one of the following:

the other party did not attend
you and the other party attended and made a genuine effort to resolve the dispute
you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute
the FDR practitioner decided your case was not appropriate for FDR, or
the FDR practitioner decided it was not appropriate to continue partway through the FDR process.

Importantly, if you want to say “No” to mediation because you have fears of violence towards you or fears that your child or children have been abused, you need to raise this at the outset with the mediator. In these circumstances, there will be no requirement for you to attend the mediation.

But What If I Just Don’t Show Up?

There can be significant ramifications in simply not attending FDR, in particular, considerable delays in trying to get the dispute listed by the court and the potential risk that because of your no-attendance the court may order you to have to pay your ex-partners legal costs.

How Can Mediations Australia Help?

At Mediations Australia, we can answer your questions regarding FDR and other types of alternate dispute resolution. Call one of our Perth, Melbourne, Sydney and Brisbane meditation teams today.

Jun 11

How to Get Ready for Mediation

By Mediations Australia Mediation

Mediation is a highly effective way of resolving family law dispute mediation to do with property or parenting matters. Generally speaking, the far majority of matters that are mediated are done so successfully saving separated couples tens and potentially hundreds of thousands of dollars, not to mention the emotional stress that lengthy litigation brings with it.

One of the keys to a successful mediation is to ensure that you’re adequately prepared for it and don’t squander the opportunity of using the time effectively to tie up all the loose ends.

How Do I Prepare for the Mediation?

Most importantly, know what the issues are that are in dispute. This can be more difficult than you think, as at times your judgment of such matters is clouded because of all the emotion involved. Know also the facts and figures and your middle-ground that you’re prepared to settle on.

Understand the Procedure

Acknowledge that mediation is not an interrogation or something that parallels a court process. Ensure that your mediator has fully briefed you on the protocol and you, in turn, you have fully briefed the mediator on the issues in dispute.

Be Prepared to Negotiate

Mediation is not about winning or losing but rather finding middle-ground that you and your ex-partner can live with that allows you both to move on and focus on the things that matter, your children (if relevant).

Come to the mediation with a preparedness to settle for what may be your bottom line and anything over this is a bonus.

Engage with the Mediator Prior to the Mediation

It’s always a good idea to talk with your mediator a few days out from the family law mediation to go over any questions you may have and to query whether he has permission from your ex-partner on their settlement objectives. This information isn’t always available, but if it is, it can prove useful. We commonly refer to this exchange of information as “position reports.”

If you have any further questions on becoming better prepared for your mediation, call one of our Perth, Melbourne, Sydney and Brisbane meditation teams.

Jun 11

Becoming Independent Sooner. How Mediation Can Help You Agree on Spousal Support

By Mediations Australia Mediation

The last predicament you want to be in the following separation is without money. Yet it’s not uncommon for people to leave a relationship without properly considering everything. It goes without saying that once separated people can feel the financial brunt very quickly.

That being the case, it doesn’t mean that you can’t turn things around swiftly through the help of spousal support, sometimes referred to as spousal maintenance.

What is Spousal Support?

In its simplest form, it’s a payment from your ex-partner to you or vice versa.

The initial step in receiving spousal support is whether or not you meet the threshold test which essentially poses two questions.

Are you unable to ‘adequately support’ yourself on your income; and
Is your ex-partner ‘reasonably able’ to pay you.

In the case that you qualify by answering “yes” to the above, consideration is then given to what extent your ex-partner should remunerate you.

Are There Any Time Limits to Spousal Support

Generally speaking, a spousal maintenance order has to be made within 12 months of becoming divorced ( for married couples – see Section 44(3)(c) of the Family Law Act 1975 and within 2 years from the date of separation ( for de facto couples – see Section 44(5)(a) of the Family Law Act 1975).

How Do We Agree on Spousal Support

Reaching agreement on spousal support matters is best done by way of agreement. If you cannot reach an agreement yourselves, this is where mediation can be very useful.

What Happens After We Reach an Agreement on Spousal Support?

If you have reached an agreement yourselves or through mediation, it is best to have the agreement formalised by way of consent orders through the court. Your mediator will assist you with this. Further information can be found in sections 72, 74 and 75 of the Family Law Act.

How Can Mediations Australia Help

At Mediations Australia, we can help mediate matters relating to spousal support and once an agreement has been reached, ensure that the agreement is filed by way of consent orders. This ensures that if there is any breach of the agreement in the future, the court can adjudicate the matter.

If you want to know more about how Mediations Australia can help, simply ask one of our Perth, Melbourne, Brisbane and Sydney mediation team members.

Jun 11

Is Mediation Expensive?

By Mediations Australia Mediation

In the scheme of things, mediation is inexpensive when compared with the alternatives. But it also needs to be considered in the context of if successful, the massive amount of time and emotional energy you save in resolving in this manner as opposed to litigation.

What is the cost of mediation?

A mediation will range in cost from $2500 to $5000. The variation in cost usually derives from the experience and qualifications of the respective mediator. At the upper end of the scale, maybe a practitioner who has many years of experience as both a family lawyer and mediator and potentially as an ex-family law court magistrate or judge. The fee is recommended to be split between you and your ex-partner.

How Does this Fee Compare to a Lawyer’s Fee?

Typically in the practice of family law, a lawyer’s hourly rate will range from $350 to $700 an hour. What needs to be remembered is that if you choose or have no other option because of circumstances out of your control, the litigation path, that hourly rate scales exponentially. Conversely, meditation is a fixed fee.

But What Happens if Mediation Doesn’t Work?

When there exists a high degree of willingness by both people to agree, mediation rarely fails. Research suggests in this context upwards of 80% of parenting matters and property disputes can be resolved with mediation. However, even if it did fail, it still helps in defining the issues, in particular, those that are sticky and the deal-breakers. This knowledge alone will substantially help your family lawyers in their attempts to resolve your family law mediation.

If Mediation Does Not Work Can We Still Go To Court?

If mediation does not work in resolving the dispute between you and your ex-partner you may still choose to litigate. If this is the case, at Mediations Australia we can seamlessly refer you to one of our recommended family lawyers.

What Should We Do Next?

If you have any questions about anything to do with it or other ways to resolve your family law dispute mediation, simply talks to one of our Perth, Melbourne, Sydney and Brisbane meditation team.

Jun 11

How Does Mediation Help Co-Parenting

By Mediations Australia Mediation

Most separated parents want to equally maintain parenting responsibilities. The success of this often depends on how amicable the relationship is between you and your ex-partner. It goes without saying that if you are both embroiled in long-standing litigation it’s probably more likely than not that any shared or co-parenting arrangement will be problematic. In contrast, couples who have experienced mediation have a far greater degree and willingness to make things work for the sake of their children.

What is Co-Parenting?

Basically co-parenting derives from an agreement that both you and your ex-partner will continue to have parental responsibility for their child or children,

The best examples of co-parenting include key characteristics and features:

Collaborative parenting– where both of you have similar parenting styles and implement consistent rules or practices across the two households; or
Parallel parenting– where you both may have different rules in the two relevant households, but you both agree to assist your child or children to transition between the two households without issue.

Co-Parenting & Mediation

In understanding co-parenting and in particular collaborative and parallel parenting you can easily see that the success of these methods relies heavily upon effective communication between you and your ex-partner. It’s also the most fundamental aspects of this communication, being able to discuss together a forthcoming school assignment, what time the touch football game is on and what is the medication for the flu-like symptoms of your daughter, that play out each and every day at a practical level.

The objective of mediation in parenting plan matters is to resolve disputes and instigate an effective process going forward that lends itself to healthy parenting.

Are There Things That Can Assist Us Co-Parenting?

Yes, there sure is. The Triple P program is highly regarded.

How Can Mediations Australia Help?

If you would like to know more about how you can better the prospects of co-parenting effectively post-separation through mediation, contact one of our Perth, Melbourne, Brisbane and Sydney mediation teams at Mediations Australia.

Jun 11

When Should We Consider Property Settlement Mediation?

By Mediations Australia Mediation

When Should We Consider Property Settlement? One myth that can trip up separating couples is the belief they need to wait for a divorce to finalize a property settlement. This is simply not true!

Strict Time Frames for Property Settlements

The time limit for property settlements in a marriage is 12 months following a divorce. For a de facto relationship, a property settlement has to be brought within two years following the end of your relationship.

When Should We Do a Property Settlement Mediation?

As long as you comply with the time limits set out above, there is really no recommended time to take care of the mediation parenting matters. That said, most separated couples wish to finalise this matter as soon as practicable so they’re able to move forward financially.

The usual steps towards a property settlement include:

identifying what is included in the property pool
negotiating the division of the property pool by way of a property agreement
formalising the agreement to achieve a property settlement.

What is Considered in the “Property Pool”?

Typically your property pool will include:

All the assets held by you and your ex-partner in both joint or separate names such as:
- family home
- investment homes
- all vehicles
- all household effects
- all personal items
All the assets owned by you or your ex-partner such as:
- a business
- superannuation
- shares in a family business or other investments held under a family trust.
All liabilities are in joint or individual names.

Importantly it may also take into consideration all property you have held in your own name prior to entering into the relationship, and the property you may have acquired since separation (for example, an inheritance).

How Do I Get a Complete Picture of the Property Pool?

At Mediations Australia, we work collaboratively with accountants and financial advisers who can assist in assessing the total worth of the property pool.

Anything Else?

You should also promptly consider estate planning to minimise the risk of your assets returning to your ex-partner in the event of death.

What Should I Do Next?

Simply contact our Melbourne, Perth, Sydney and Brisbane Mediators for a free no-obligation chat to learn more about how we might be able to assist you.

Jun 11

How Much Does Mediation Cost?

By Mediations Australia Mediation

The cost of mediation in Australia depends upon where you’re currently at in resolving your family law dispute and the type of dispute.

There are a number of mediation avenues for you to consider in resolving your family law dispute.

If your dispute relates to children or parenting, Family Dispute Resolution (FDR) is compulsory, which means that people who wish to resolve disputes relevant to their children (parenting matters) are required to attend FDR and make a genuine effort to resolve issues, before they progress through to litigation.

This is a type of mediation for helping to separate families to come to their own agreements with a predominant focus on parenting and children’s issues.

The cost of FDR depends on the provider and may be free for eligible people. Private providers set their own fees which can vary. Community-based family law services have a standard fee policy based on income levels and your capacity to pay.

Alternatively, you can choose what’s called a Private Mediation. Private mediation is facilitated by an experienced and accredited family law mediation. This type of mediation can effectively resolve all types of family law disputes ranging from the most simple to the most complex. The latter may relate to property settlements of which there may be substantial complexity deriving from multiple businesses, properties, trusts etc.

The cost of this type of mediation can be between $2,500 and $5,000 depending on the nature of the dispute or disputes.

Whilst the cost may seem high at first instance, what needs to be remembered is that a family lawyer will charge in the vicinity of $350 to $700 per hour. At Mediators Australia, all our mediators have experienced family lawyers as well. Their fee for a mediation needs to be considered in the context of this, including the significant amount of time they spend in the preparation of each matter.

Mediation is Significantly Cheaper than the Alternative

In the event that you choose not to resolve your family law dispute through mediation or other types of less-litigious ways, then the only other way is through litigation. Typically the cost of family law litigation will range from $35,000 up to $300,000 depending on the matter. Notwithstanding this, it is well documented that given the significant delays in getting your matter to court (up to 3 years) family law issues have a tendency to become more emotionally driven and more complex.

What If We Are in Dispute on Both Property & Parenting?

Generally speaking, it’s advisable not to attempt to resolve these very different types of disputes during one mediation. It’s preferable and much more advantageous to have these matters separated.

What Should I Do Next?

Simply contact us at our Melbourne, Perth, Sydney and Brisbane Mediators for a free, no-obligation chat.

Jun 11

Litigation or Mediation? Choose Very Wisely!

By Mediations Australia Litigation, Mediation

At the outset, let’s be very clear, mediation is not litigation. Litigation, of course, conjures up in the minds of many people, a battle to the end, with no real winners or losers, but rather most likely two battle fatigued people who are substantially poorer and more emotionally drained than they were when they chose this path. Conversely, mediation isn’t about a battle, it’s about acknowledging things for whatever reason haven’t worked out, putting it to one-side and agreeing to find middle-ground promptly on the things that count most, property and parenting, so you can both get on with your lives.

When Mediation Isn’t For You

If this doesn’t sound like you and you want to square up with your ex-spouse for all they have done to you, wanting them to pay for their indiscretions or failings, then choose litigation. But do understand that even litigation will require you to attend a mediation to try and resolve things. It’s well noted that judicial officers in the family law environment dislike having to decide matters themselves when it’s apparent to them that you and your ex-partner could have done so via mediation.

When Mediation is For You

If you and your ex-partner see the wisdom in resolving your family law dispute mediation sooner and without considerable legal fees, that’s a great place to start. At this point, it’s useful to consider what are the real issues that you and your ex-partner don’t agree on. Is it property or parenting matters or something else?

In the case of property, you need to know a few things. Most importantly, there are strict time limits that apply to these matters.

Settling property matters should be given some priority because Courts take into account assets that you currently have as well as what assets there were at separation. Courts don’t necessarily recognize informal agreements and may ignore them altogether so it’s important to get advice to make sure that your agreement will finalize your matter. WE mention Courts in this context because once an agreement is reached during a mediation, that agreement will need to be drawn up and officiated by the Court. This will ensure that the agreement is now legally binding.

If you and your ex-partner were married, you MUST finalize your mediation property matters, or apply to the Court for Orders within 12 months of the date of divorce. In the event that you and your ex-partner were in a de facto relationship, this MUST occur within 2 years of the date of separation.

Will Mediation Work for a Property Settlement?

In a family law mediation context, in considering a property settlement, the initial step is always to clarify what property there is, and what debts or liabilities exist.

The next step is to work out how each of you contributed to the family both financially and of course, in non-financial ways. The third step is about assessing any special circumstances that require some adjustment to the property settlement amount, for example, it might be the case that children need to be schooled by one parent, etc. The final step is to determine the fairest way of dividing the property and debts given the contributions of the parties and any future needs identified during the process.

At Mediators Australia, we work collaboratively with Family Lawyers, Financial Advisors, Accountants and others to ensure the full picture of the property pool is considered during the mediation.

What Should You Do Next

Simply contact our Melbourne, Perth, Sydney and Brisbane Mediators for a free no-obligation chat to learn more about how we might be able to assist you.

Mediation

Choose a Mediator that you are both comfortable with

Thinking about separation or divorce?

Clarify the Focus of Mediation

Mediation is not counselling

Mediation Gives You More Control Over the Outcome

You Don’t Need to Be in the Same Room

What to do next

Getting legal advice early is the most important thing to do.

Family Law Mediation for Property Division

Book a Free Consultation with a Family Law Expert.

How the mediation process is conducted

Considering a Property Settlement?

The role of a legal professional in mediation

Let us help you

Getting legal advice early is the most important thing to do.

Why is Going to Court Expensive?

What are the Actual Costs of Going to Court?

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How Do Lawyers Charge?

What About No Win No Fee?

Need some information that relates to your circumstance?

Costs Ordered by the Court

The Intangible Costs of Going to Court

Is There a Better Way?

Book a Free Consultation with a Family Law Expert.

How Does Mediation Help?

How Do I Make The Decision?

What to Do Next

Getting legal advice early is the most important thing to do.

Book a Free Consultation with a Family Law Expert.

Getting legal advice early is the most important thing to do.

Work out the key issues beforehand

Book a Free Consultation with a Family Law Expert.

Have your documents organised

Take a realistic view of your options

Be prepared to give some ground

Getting legal advice early is the most important thing to do.

How does mediation help?

Considering a Property Settlement?

Making the agreement formal

The advantages of family law mediation

What to do next

Getting legal advice early is the most important thing to do.

Mediation is less stressful because there’s Less Conflict

Thinking about separation or divorce?

It’s better for the Kids

Mediation is meant to help both of You

Involved in a Parenting Dispute?

Workable Relationship in the Future

It Makes Dollars and Sense

Getting legal advice early is the most important thing to do.

Preparing for a Mediation Property Matter

The To-Do List for a Property Settlement Mediation

Considering a Property Settlement?

Have Property Settlement Options in Mind

Getting legal advice early is the most important thing to do.

How can a lawyer help with family law mediation?

Getting legal advice early is the most important thing to do.

What is Mediation?

Key Features of Mediation

The Benefits of Mediation

The Limitations of Mediation

What Happens If Mediation Fails?

What is Conciliation?

The Role of the Conciliator

When is Conciliation Used in Family Law?

The Benefits of Conciliation

The Limitations of Conciliation

Mediation vs Conciliation: Which One is Right for You?

Case Examples

Final Thoughts

What do financial agreements cover?

Considering a Binding Financial Agreement or Consent Orders?

What are the advantages of mediation in making a financial agreement?

Find a mediator

Getting legal advice early is the most important thing to do.

Mediation

Book a Free Consultation with a Family Law Expert.

Collaboration