Mediation Legal Services

Mediation properly undertaken and with the correct advice and assistance can be a cost-effective way of resolving disputes.  The drawing up of agreements with the correct wording can resolve a multitude of problems and misunderstandings moving forward and prevent or limit future disputes and court involvement.

We know that going through a family break up is very stressful and an emotional time for everyone involved.  Important decisions need to be made about the children, property and the future. We understand that prolonging this process can cause additional frustration and heartache.

Mediation is a dispute resolution process where parties involved in a dispute are assisted by an independent and neutral third party to help them reach an agreement.

Our solicitors will attend mediation with you, the mediation can take place whereby all parties are in the same space. Should a party feel intimidated by the other party, the mediation can be attended whereby the mediator goes between the parties, so contact is minimised.

In parenting matters, if the party’s do not reach an agreement, you may then apply to the court and the court will decide on parenting arrangements for your children.

Undergoing Mediation has Many Benefits

  • Mediation resolves your issues much quicker than through the Court system.
    • Some matters are taking 3 years before reaching trial stage, mediation can reach an agreement much quicker.
  • Mediation is private and confidential.
    • What is discussed at mediation can not be used against you in court if an agreement is not reached at mediation.
  • Mediation is cost effective.
    • Attending Court is expensive, mediation allows for the issues to be narrowed so that the time spent in court is shorter or dispensed with completely.
  • Long-term results are achieved.
    • Should mediation be successful and consent orders are correctly drawn up by your solicitor the Orders are sealed by the Court, so they become a legal document.

All court action starts with mediation. There are exceptions where you may attend court without attempting mediation and these are:

  • Urgency
  • If there is a risk of child abuse and/or family violence
  • If a party can not properly participate due to an incapacity
  • If your application is about orders made within the last 12 months and the other party is showing disregard for the orders.