I’m Contemplating Separation, Do I See a Lawyer or a Mediation Practice First?
We encourage you to contact Mediators Australia first. We can answer your questions about whether or not mediation may work in your particular circumstance. In the event that you see a family lawyer first, depending upon the practitioner, you may find that their inclination is towards litigation as opposed to mediation. Obviously the latter is considerably less expensive than the former.
What If I Have Already Seen a Lawyer?
This is your family law matter. At any point in time, you’re able to instruct your lawyer that you now wish to try mediation to resolve the dispute. You can advise them that you wish them to contact Mediators Australia to discuss the next steps. It’s usually the case that we will work collaboratively with your family lawyer to reach a resolution on all necessary fronts during the mediation.
You Do Not Need to Go to Court
It’s important to remember that a family law dispute doesn’t necessarily have to be resolved by a court. In fact, the courts encourage you and your spouse to resolve matters without their intervention and mediation for that reason is mandatory in nearly all circumstances of family law mediation. Once a resolution is agreed on relating to the matters that are in dispute, at Mediators Australia we can have the agreement drawn up, signed by both of you, then authorised by the court. This then becomes a legally-binding agreement and should amendments be necessary in the future or should one of you breach a particular condition in the agreement, the matter can be resolved by the court.
Why You Should Try and Reach an Agreement without Lawyers
It’s obviously advisable that if you and your partner can resolve your differences without lawyers involved it will save time and literally tens and sometimes, hundreds of thousands of dollars. Family law disputes mediation the longer they linger tend to become considerably worse. If there is an opportunity for you and your spouse to repair your relationship or failing that, mediate as soon as practicable, then it’s wise to do so.
What Types of Matters Can be Resolved in a Mediation?
Typically the matters resolved during a mediation relate to either property or parenting. In relation to property, at Mediators Australia, we can work with all allied professionals, including your tax agent, accountant, financial advisor etc to be properly apprised of all financial matters.
What Should I Do Next?