Mediation
When separated or divorcing parties need to make decisions regarding property settlements or child maintenance, many decide that the process of Mediation is their best course of action.
What is Mediation?
The Australian Family Court defines Mediation as a form of dispute resolution for financial and parenting disagreements. These take place outside of the courtroom and involve the parties having the dispute as well as an impartial third-party professional.
Family Dispute Resolution (FDR) is a type of Mediation specific to the Australian Family Courts. Unless unusual circumstances exist, Mediation of issues specific to divorce will be FDR. The court mandates that separating couples attempt to make parenting orders using FDR before applying to a family court for parenting orders.
Typically, the Australian Family Court prefers that divorcing couples go through the mediation process and save the court appearances for other types of decisions.
What Are Some Advantages to Mediation?
Mediation has many advantages over appearing in court. These include:
- Can save money on court costs because no court appearance takes place
- It is typically faster than going through the court
- Mediation is less stressful than appearing in court
- Both parties have more control of the outcome when choosing Mediation over settling in court
- There is a higher chance of compliance with disputes resolved via Mediation because both parties have a say in the outcome
The Pre- Mediation Process: What to Expect
Before mediation starts, the Mediator meets with both parties in a pre-Family Mediation conference. At this time, the Mediator outlines the process and what to expect during the Family Mediation.
The Mediator may ask the divorcing couple to confer with their legal representatives and prepare a Position Paper. The paper will describe matters that each party wants to discuss at Mediation.
In resolutions that involve property and finances, the Mediator may request the parties share certain financial documents. Also, it may be necessary for the parties to agree to obtain valuations on assets like property or motor vehicles.
The Two Types of Family Law Mediation
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Facilitative Family Mediation
The model of Mediation used most often in Family Mediation in Australia is Facilitative Mediation, also called the problem-solving method. The principle of autonomy is the focus of this model. An amicable decision between divorcing parties communicating and deciding for themselves is the goal.
The Family Mediator is not a part of the decision-making process. Their chief concerns are identifying all the disputed issues and helping the parties find reasonable options to resolve the problems.
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Evaluative Family Mediation
Evaluative Family Mediation- Sometimes called the Expert Advisory Family Mediation, this method works to deliver settlements between the divorcing couple that are both fast and fair.
Mediators using the Evaluative Family Mediation method generally are senior lawyers with a significant amount of experience. They will seek the legal merit of each party’s requests and then offer their opinion on the fair option to both parties.
How Long Does Mediation Take?
The duration of the Mediation depends on the complexity of the disagreements and the cooperative nature of the participants. A simple Mediation can take less than a full day. A Mediation with many parts or contentious participants can take longer.
At Allegra Family Lawyers, we understand that the divorce process can be expensive. To help our clients get the most for their money, we offer packages for most of our services. In many cases, we can arrange payment plans with our clients.
The divorce process is stressful and strenuous under the best conditions. Having a legal representative that you trust and feel confident in is extremely important. For that reason, we offer new clients a one-hour consultation free and with no obligation. During this time, you can explain the details of your case, and you can decide if Allegra Family Lawyers is right for you.
Feel free to reach out to us and schedule your free consultation. At Allegra Family Lawyers, we are ready to put our experience to work for you.
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If you believe you have a case but would like more information, feel free to contact us. We can schedule your appointment for your free one-hour consultation and receive our recommendations. You do not need to struggle through a difficult time alone. Allegra Family Lawyers is here for you.
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