Learn what family mediation involves and why it’s crucial to consider before commencing court proceedings, in this video, we discuss what this term legally means.
A large part of our work at Waller Family Lawyers is assisting clients to resolve their parenting or financial disputes by mediation.
Mediation, or what is referred to as family dispute resolution in parenting disputes, is a private process where an appropriately qualified impartial third party is jointly appointed to facilitate negotiation and explore options to reach an agreement on the disputed issues. Except in limited circumstances, mediation, or a genuine attempt at mediation is mandatory before you can commence court proceedings.
The main benefits of mediation are that it are:
2. Disputes are resolved more quicker
3. Full control over the outcome
Agreements reached at mediation are more readily complied with and more sustainable compared to orders imposed on the parties by a Judge.
“In my experience, we are blessed with highly experienced and effective mediators. But a successful mediation requires more than a good mediator, it requires careful and extensive preparation”.
We start with obtaining the information, documents and if needed, valuations to address the issues in dispute, create solutions and ensure that we are the most persuasive in articulating your aspirations at mediation.
In preparing, we ensure that your aspirations at mediation are realistic within the parameters that the law provides. There is nothing worse than being told by a lawyer before mediation that you are entitled to at least 70% of the pool, only for it to be suggested at mediation that anything over 55% would be a great outcome for you.
On the day of mediation, it is important to come with an array of possible of solutions, rather than rigid/ entrenched positions, or an attitude of compromising rather than maximising. If you come to mediation focussing on only maximising, settlement is unlikely and only lead to further legal fees which often become disproportionate to the issues in dispute.
Everything said during mediation is confidential, except if life or property is being threatened. Most clients and mediators prefer that mediation is conducted with you and your lawyer in a separate room to your spouse and their lawyer and the mediator shuttles between the two rooms.
Depending on the complexity of the case, mediations can last from half day to several days.
If you would like to know more about mediation and how it can benefit you, please contact me or one of my team.