Mediation is a confidential process in which a qualified and independent person will assist the parties to discuss and resolve issues that have arisen in respect to parenting and/or property matters. Mediation is an effective way for parties to resolve the matters between them, no matter how simple or complex they may be, without the costs and stress of Court proceedings.
The mediation process can also be effective during the course of Court proceedings to assist the parties to resolve all or part of the issues that are before the Court without the necessity of a final hearing of the matter. You can attend mediation where each party brings their Solicitor or where each party attends separately.
The costs of mediation will generally be shared between the parties, however, there are some circumstances when one party will pay the costs of the mediation.
Mediation is compulsory in parenting matters as it provides parents with the opportunity to discuss and resolve issues in the absence of Court proceedings. This process is designed to be less adversarial so that the relationship and communication between the parties on issues affecting their children can be improved or even re-established to better facilitate co-parenting in the future.
Prior to attending mediation, it is recommended that you to obtain advices from our expert family lawyers to ensure that you are properly advised of the law as it relates to your circumstances and are able to develop a proposal that is in the best interests of your child for discussion at the mediation.
Mediation is a necessary step in settling property matters and should be undertaken prior to the commencement of Court proceedings. If mediation has not occurred prior to Court proceedings, the Court will direct the parties to participate in mediation prior to the matter progressing to a final hearing.
For mediation on property matters to be successful, it is imperative that the parties ensure all disclosure has been provided to the other party, that you have obtained advice on the law as it applies to your circumstances, and that you have a property settlement to propose at the mediation.
Contact our family lawyers to get assistance with developing a proposal for discussion at the mediation or FDR and will take all steps to formalise any agreement reached.