Our family lawyers are experienced in preparation and representation at family law mediation, which includes Family Dispute Resolution Conferences (FDRC) or court-ordered mediation. We have extensive practical experience participating in mediations as well as preparing the case for mediation and creating the strategy to ensure that our clients get the best result possible.
Mediation and Dispute Resolution
What is Mediation?
Mediation is an alternate dispute resolution process which empowers parties to reach their own resolutions without the need for court intervention. The participants to the mediation are guided through the process by the mediator who assist them to put their position forward and reach a settlement. Mediators are not able to provide legal advice or make decisions about how the matter should resolve, however they are experienced in empower the participants to make decisions that guide them towards a solution.
How can I prepare for mediation?
It is important that you understand the law and your case before you mediate so that you are able to make submissions that support the outcome you are seeking. Mediations often progress quickly, even when you have a full day put aside, so you should ensure that you have a list of everything you want to cover and refer back to that before the mediation finishes to make sure you have discuss all the important points.
There are often procedural matters that need to be sorted out before mediation, such as valuations for property matters or obtaining reports for parenting matters, so it is important that you have made those arrangements beforehand to get the most out of mediation.
Family Law Mediation and Dispute Resolution
What happens during mediation?
Mediation can be conducted in-person, via telephone or through an online platform, such as Zoom or Microsoft Teams. You can be in the same room (or virtual room) as the other participant or you can seek a 'shuttle' mediation, meaning that you will be in a separate room and the mediator will deliver information between the two rooms.
During mediation, information is passed and proposals are made between the two participants with the goal of reaching an agreement in relation to your dispute. The dispute resolution process is entirely confidential so you can be comfortable giving information and making proposals without being concerned about it being used against you. Even if you don't get a complete agreement, mediation can be helpful to resolve interim issues in your case.
Can I represent myself at mediation?
You do not need a lawyer to attend mediation. It is important that you have at least had a consultation with a lawyer so that you understand the law and what the likely outcomes are in your case as the mediator is not able to provide you with legal advice during the mediation. You should also support your position in accordance with the law to be able to achieve the best result during mediation.
Mediation is the perfect time to reach resolution in relation to your dispute as those in attendance are usually in a conciliatory frame of mind which is difficult to get back to after mediation ends. Mediation is the best place to resolve matters without engaging in the expensive and litigious court process so you should approach mediation as one of the most important parts of your settlement.
What happens after mediation?
If you reach an agreement at mediation, there will not be too much more for you to do. You need to make sure that you have your agreement in writing and make sure you understand the difference between a binding agreement and an agreement in principal. If you want to have a binding agreement, you will need to get legal advice in relation to how to make your agreement final.
If you do not reach an agreement, then you may choose (or the other party) may apply to the court or continue with court proceedings. If your mediation relates to parenting, you will receive a section 60I certificate to use to commence court proceedings. You need to make sure that your mediator is a qualified Family Dispute Resolution Practitioner or you will not be able to receive the certificate after the mediation. If your matter proceeds to court, the decision making will then be out of your hands and a court will be making the decision about what happens with your case and what your final settlement is.
How we can help
At Clarity Legal Group, we are experienced in assisting clients through the mediation and dispute resolution process. If you are going through a difficult separation, we are able to provide on-going advice and representation for negotiations, mediations and court appearances. We are here to make the process as simple and as stress-free as possible to help you move on with your life.
Contact us for more information or for a reduced fee initial legal advice strategy session.
