In most cases, the family law requires parties to attempt to resolve matters by negotiation prior to seeking assistance from the Court.
If negotiations between parties are unsuccessful, parties can engage in mediation for the purpose of reaching agreement about their parenting arrangements (Family Dispute Resolution) or their property division (Property Dispute Resolution).
At Mediation, parties are assisted by an independent third-party Mediator whose role is to help them reach agreement about their dispute.
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 assist parties to understand how the Australian Family Law Act 1975 applies to their situation and encourage sensible and fair agreement about how to divide their property or structure their post-separation parenting arrangements.
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:
- Providing expert advice that considers your family’s unique circumstances and applying the same principles the Court would in determining the living arrangements that are in the best interests of your children. We can assist you to prepare a draft agreement that outlines your preferred care arrangements for your children to take with you to a Dispute Resolution to guide you through the process.
- Using our knowledge and expertise to recommend a range of potential property settlement outcomes that considers your assets, liabilities, resources, and overall financial position.
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 Dispute Resolution.
If you reach agreement about your parenting arrangements or property division at a Dispute Resolution or 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 for assistance.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.