Mediation is a dispute resolution process which you can participate in to resolve your dispute. The mediator (a neutral third party) will usually be specialised in family law and works with parties and lawyers to try to reach an agreement.
Following a separation, you may receive legal advice about resolving parenting or property matters. Undoubtedly this will include advice about how best to resolve your dispute and the various processes to achieve an outcome.
Participating in mediation is an effective tool at almost all stages of a dispute. For example:
1] Mediation can be an effective tool to resolve interim issues where emotions are high. In a property settlement matter, this can include who remains living in the former matrimonial home and who will be responsible for joint liabilities (such as mortgage repayments and insurances).
2] You can also participate in a mediation at an early stage, which can be a good way to keep your matter out of Court, reducing the stress and other costs of contested litigation. In a property matter, you will ideally be able to come to the mediation with a balance sheet setting out the values of the assets, liabilities and superannuation in your property pool. If some valuation issues remain, you can still participate in mediation and reach agreement to value those items after the mediation.
3] If you are involved in Court proceedings, mediation is still a helpful tool to assist you and your former partner to reach agreement. Dispute resolution is encouraged by the Court at all stages in the process. Even if you do not reach agreement about all matters on a final basis, mediation can assist you to narrow the issues in dispute.
There are a number of different styles of mediation – some mediators like to use a conciliatory approach and will offer their opinions; whilst other mediators remain neutral and do not offer any opinions.
There are a number of different mediation processes - you can participate in a private mediation (funded by you and/or your former partner); a Family Dispute Resolution Conference convened by Legal Aid ACT (if you or your former partner meet certain requirements); or if you are involved in Court proceedings, you may be able to participate in a Court-based dispute resolution process.
Where family violence considerations exist, you can still engage in mediation however the mediator (and any lawyers) will likely put in place safeguards to ensure there is no undue pressure on a party participating in the mediation.
Some mediators will facilitate a mediation without lawyers, however it is usually recommended that you obtain advice prior to engaging in mediation to ensure you are aware of your rights and obligations under the law.
If you are considering participating in a mediation and would like to some advice about your strategy and position; or if you seek representation to participate in a mediation, our experienced family lawyers at Robinson + McGuinness can provide you with further assistance, tailored to your particular circumstances. Contact us today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online.