Family Law And Mediation Services
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What is mediation in family law?
Mediation is a less adversarial, more cost-effective alternative to family court proceedings for disputes involving separation, divorce, child custody and property settlement. A neutral third party — the mediator — facilitates negotiations rather than making decisions.
The benefits of mediation
Cost-effective, time-saving, less stressful, confidential, and gives both parties more control over the outcome.
How mediation works
Initial contact; choosing a mediator; pre-mediation assessments; joint mediation sessions; discussion and negotiation; reaching an agreement; post-mediation steps; all conducted with confidentiality and voluntary participation.
Can lawyers attend?
Family lawyers can attend family dispute resolution (FDR) sessions, though it's not mandatory — lawyers provide legal advice and help ensure a fair process.
When mediation isn't appropriate
Mediation is unsuitable where there is family violence, a significant power imbalance, or an unwilling participant.
Frequently asked questions
Is mediation mandatory?
Parties are generally required to attempt family dispute resolution before making court applications for parenting or property matters, unless exceptions such as family violence apply.
What if agreement isn't reached?
Parties may proceed to court; the mediator provides an attendance certificate typically required for court applications.
What are Family Relationship Centres?
Community-based services providing information, advice and dispute resolution for families.
How do I start mediation?
Contact a family dispute resolution service or Family Relationship Centre for guidance through the initial steps.
Do I need to attend mediation?
Generally required before court applications, unless exceptions apply.