Before applying to the Court about parenting arrangements, you generally need to attempt family dispute resolution, unless an exemption applies.
For property matters, the Court also expects you to make genuine efforts to resolve the matter first and mediation is one of the most common ways to do this.
For a private mediation, a mediator is jointly appointed and must act impartially. While a Mediator cannot advocate on behalf of a party, a Mediator experienced in family law matters can provide general information about how family law works and help you explore options.
Mediation can result in practical, efficient and cost-effective outcomes. It can help families to move forward with their lives without the ongoing stress and expense of negotiation or litigation.
It is important to obtain legal advice about your rights, obligations and entitlements before you attend mediation or Dispute Resolution.
At Empower Family Law & Mediation we can help you to prepare for mediation by:
We can advise you about the principles that the Court will rely upon when assessing whether a property division is just and equitable under law so that you are equipped with knowledge to make decisions about your financial future at a mediation.
If you reach agreement about your parenting arrangements or property division at a mediation, we can assist you to formalise your agreement by way of Consent Orders filed in the Federal Circuit and Family Court of Australia, a parenting plan or a Financial Agreement.
If you have been invited to attend a mediation or would like to arrange a mediation as part of your family law negotiations, contact us on (03) 7020 6542 for assistance.
For parenting matters, generally yes. You need a certificate from an accredited family dispute resolution practitioner before applying to Court, unless an exemption applies, such as family violence, child abuse or urgency. For property matters, the Court expects genuine attempts to resolve the dispute first, which often includes mediation.
A mediator is neutral and helps both of you reach agreement. They can’t advise or advocate for either person. A lawyer advises only you and protects your interests.
Not always. If safety is a concern, tell us as early as soon as possible. Options may include separate rooms, online or “shuttle” mediation, a support person, or an exemption from mediation. Your safety comes first.
Not on its own. To make it enforceable, it will need to be formalised. We can discuss those options with you, once you reach an agreement.
