In this article, our professional family lawyers explain all you need to know about family mediation. We believe that with adequate knowledge about family law matters, such as applicable family and relationship law, how to get the best and accredited family law specialist or independent legal advice, property settlement, and general family law issue, you will be well positioned to make good choices with your family law proceedings.
Chamberlains’ family lawyers are well-known in the field of family law mediation. Chamberlains have received several awards for their work as a mediator in private practice. The mediation process can be easier to navigate and more productive negotiations can be had with the aid of Chamberlains’ top advice. Here are the top considerations in family mediation:
Despite its intimidating name, mediation is really rather safe
Rather than having to resort to the court system, families can use family law mediation to work out their differences and reach agreements following a breakup, divorce, or another relationship upheaval. It’s similar to what some people call “aided negotiating.”
A mediator specializing in family law helps you and the other party work through problems and make important choices. They are impartial and can facilitate compromise by putting your needs first. You may find a clear definition provided by the Australian Institute of Family Law Arbitrators Mediators here.
Mediation in family law proceedings can take place with or without attorneys present. You can seek out a Nationally Accredited Mediator, or you can use one of the government-funded organizations like Relationships Australia that provides mediation services.
Mediation is available at any stage of a family law case. You may choose to negotiate only some points and table others for a later mediation session.
It is frequently best to attend family law mediation as soon as possible after a split, and whenever you feel ready to do so. Relocating as a family is a trying and stressful experience. The uncertainty that comes after a breakup of a relationship can be mitigated by the use of a mediator trained in family law. This can be useful for keeping the peace with the opposite side.
Even with the inclusion of legal representation, the cost of family law mediation is often far lower than that of court-based methods.
After a divorce or separation, if new problems occur you might return to family law mediation. Family law mediation can assist if you’re having trouble communicating with the opposing party by enabling a constructive conversation and “reality testing” everyone’s viewpoints. If you find yourself at an impasse, a trained mediator may be able to help break the impasse.
In mediation, you get to decide what happens next
Mediation is a time and money saver, and the participants get a greater say in the settlement of the dispute.
You have complete control over the mediation process by selecting the mediator, the mediation venue, and the mediation delivery method. Avoid the lengthy delays and bureaucratic roadblocks that characterize legal processes. Increasingly, people may obtain mediation services by participating in “virtual sessions,” which can take place over the phone via a live video connection.
During a mediation session, you and the other party need not exchange visual contact
In family law mediation, neither side need physically appear before the other. Shuttle mediation is available if you’d like not to be in the same room as the other party throughout the mediation process. In a shuttle mediation, the mediator visits each party individually in separate rooms inside the same building.
Most mediators will do some kind of preliminary evaluation to see if the dispute is even suitable for mediation or if there are safety or family violence issues to be resolved. If you or your attorney are worried about your safety or your capacity to participate in the mediation, you should tell the mediator.
Be ready for anything
Getting the opposing party’s permission to participate in mediation is the first step in setting up a mediation session. The mediation service provider or your attorney should be able to set this up for you. It’s important for both sides to show up to mediation prepared to talk and compromise.
You and the mediator will decide when and where to have the mediation session. We can guide you through the many service providers and help you choose the best one for your needs. The personalities involved and the quantity and nature of problems to be solved will be considered.
The mediator may ask you to bring written materials to the mediation session that include your perspective on the issues and any potential solutions you have considered. Your mediation paperwork and ideas can be professionally drafted by an attorney so that you are well-prepared for the session.
If you choose to mediate without legal representation, we may meet with you beforehand to help you formulate a strategy, determine what information you’ll need to provide and discuss potential solutions. In addition, we can explain how to formally document any settlement reached during mediation. Read about: Simplifying the process of conveyancing Sydney
Mediation is a process in which neither party is required to present themselves with legal representation
You and the opposing party will both benefit from having an experienced family lawyer present during the mediation so that they can explain the implications of any offers for your case under Australian family law. This can help you make better choices during negotiations and reduce the likelihood of experiencing decision-after-the-fact regret.
A lawyer will also be able to clarify how the mediation’s outcomes may influence your rights and entitlements, and how any agreements struck can be formalized and enforced.
It need not be a difficult or drawn-out procedure
Time spent in mediation can range from short to long, depending on the complexity of the issue and the degree to which you and the other party can work together to find a resolution. Three hours is the bare minimum, although a whole day is more typical.
The mediation process is not the end of your ability to seek counsel
When you walk out of mediation, you’ll have a record of what was settled and what was left up for negotiation. Unless you had attorneys there at the time to formally document the agreement, it would not be legally binding.
After a family law mediation, if both parties are satisfied with the terms of the agreement reached, they can work with an attorney to formalize the terms of the agreement into a binding financial agreement, parenting plan, or separation agreement.
In any case, you still have choices. Irrespective of whether or not compromise is achieved
Despite everyone’s best efforts on the day of the mediation, sometimes the dispute remains unresolved. You should consult a lawyer about your next steps, which might include more mediation, alternative conflict resolution, or a request to the court.
Even if you’re already in court, you can choose to participate in mediation
There are a lot of people who go to mediation for family law cases after they have already been filed with the court. The court strongly recommends it. Since the mediator will not share the details of your mediation session with the court, you may feel free to address the issues at hand and brainstorm possible solutions without worrying about jeopardizing your case.
If you are already involved in court proceedings and you reach a settlement during mediation, you can ask the court to make orders that reflect the terms of the mediation. This can help narrow the points of contention or perhaps end the need for legal action.
Scheduling a mediation session with the family lawyers at Chamberlains may be done on this page
Each of our attorneys has extensive experience assisting clients in preparing for and successfully completing mediation. Contact one of our attorneys here if you need assistance getting ready for mediation or have questions about the services we provide during mediation.
Finally
For all, you need to know about the Australian family law system, if you are going through any family law matter or family court system proceedings, or the family law act, our experienced family lawyers at Chamberlains can help you navigate the process with clarity so that you can know what to do at the right time and how best to do it.
Our family law firm would make sure you wouldn’t have to bother about the family law court, spousal maintenance issues, family law services, child support assessment or child support payments, or the actions of other law firms against you, our family law team will help you through it all.