Family Dispute Resolution (mediation for short) is a non-legal facilitated conversation between separated parties trying to reach agreement about the kids, finances, or both.
It can occur within a community-based setting, such as through Relationships Australia or via a Family Relationships Centre. It may be facilitated by a private company as arranged or agreed between the parties. Or it may be via Legal Aid. Sometimes parties mutually agree to use a service and set up the process together. Other times, it comes as a complete surprise to one party, and they know nothing about the intent of the other in starting the mediation process until an invitation arrives in the mail.
Very firmly, whichever way a mediation process is started, Phoenix Family Law strongly encourage everyone to engage with the process. In fact, there is a positive expectation on all parties to take genuine steps to resolve matters before applying to the Court to intervene, including attending at mediation if a trained mediator considers it safe and appropriate to do so. Mediation can either occur with or without the assistance of lawyers depending on the service you are using. Compared to private lawyers’ fees and the family court process, this is a relatively inexpensive option and, if successful, means you and your former partner have worked well together to retain a level of control over the outcome of your family law issues.
This is your opportunity to have a safe and confidential conversation with the other party and with the assistance of a trained mediator. You should obtain legal advice first, even during or after the process, so that you can reality test your proposals or discuss what may happen if parties do not manage to sort the problems out. Seek legal advice at the end of your mediation to see whether you have agreed to solutions that are practical and in the best interests of everyone affected.
Mediation agreements related to kids care arrangements are also known as Parenting Plans if they are signed and dated by each party. Parenting Plans are legally significant documents that can be used as evidence of your agreement in the unfortunate event you wind up in litigated court proceedings. You should get legal advice prior to signing any anticipated Parenting Plan.
Some mediation agreements reached may be sufficient to remain recorded as they are – per the write up provided by your mediator. Other agreements reached may need formal attention from a lawyer, such as in property settlements when you have agreed to split your superannuation interests, you will need to have a legally binding agreement of sorts drafted and sent to the trustees for approval before any split may occur. Or, in parenting matters where you have agreed to children holding passports and traveling overseas but only when certain conditions have been met.
If you do not qualify for advice from a community legal centre to guide you through this process, Phoenix Family Law is happy to help and will listen carefully, closely consider all issues and provide affordable advice with a view to supporting you to achieve a realistic and sensible agreement.