Mediation
There are alternative options that exist within the Australian legal system that allow matters to be resolved before they are heard in a court of competent jurisdiction . Mediation is one form of Alternative Dispute Resolution (ADR) that is available to parties involved in a case. Mediation is a confidential negotiation process where parties to a dispute participate in a discussion to attempt to resolve their issues, find common ground and reach a mutual agreement. This process is guided by an independent third party known as a mediator who must remain neutral.
Concept of Mediation in Family Law
Family law matters can be difficult and stressful for many individuals. As a result, Family Dispute Resolution (FDR) exists under the Family Law Act 1975 to provide a specific form of mediation for families going through parenting, financial and property adjustments. This type of mediation is also facilitated by a qualified FDR Practitioner.
Why is Mediation recommended in family matters?
- Avoid going through the hardships, time consuming and costly nature of court proceedings.
- Encourage effective and clear communication between the parties.
- Less intimidating and more control over decision-making process.
- More confidential and small setting.
Process of Mediation in Family Matters
Step 1: Mediator’s opening statements
The mediator will outline their role in the mediation session and process involved, what is expected of the parties to a dispute and further housekeeping rules.
Step 2: Parties opening statements
Both parties share their initial statements and overview of their issues, concerns and what they wish to achieve during this discussion. The mediator will listen and guide the discussion in efforts to lead the parties into finding a common ground.
Step 3: Identification and list of issues (Agenda Setting)
Mediator will list the issues identified by both parties and form neutral topics of discussion to ensure the parties remain present and aware of the process throughout the mediation. Agenda setting is used as a guide to make it easier for parties to lead effective communication and encourage them to see the bigger picture.
Step 4: Joint discussions
The mediator to lead open discussions between the parties and encourage them to share their thoughts, explore resolutions and reach an agreement. Mediator are encouraged to ask open-ended questions and ensure the discussion remains focused on the issues identified to ensure that it is leading towards a resolution.
Step 5: Private discussions
The mediator may hold private discussions with the parties individually. These private discussions encourage the party to express themselves more freely and provide a safe space for personal information to be shared.
Step 6: Negotiation
The mediator will assist both parties in finding a common ground amongst their issues. The mediator will also encourage problem-solving and options for agreement. Further joint and private discussions may be needed during this stage to ensure the best possible outcome.
Step 7: Closing session
If both parties reach an agreement and resolution on their dispute, the mediator will put this in writing. This is done to ensure the agreement becomes legally binding and enforceable in court. If an agreement has not been reached and dispute is still ongoing, mediation may need to be adjourned to another date or terminated which indicates that parties must bring forward their matter in court.
How can we help?
We understand that court can be intimidating but did you know there are alternative processes available to you when dealing with your family matter.
Mediation is a great negotiation method and option available to resolve family matters and avoid going through the lengthy and costly process of court.
To gain a better understanding of your case and how mediation can be of great use to you contact us today for further clarification.
Disclaimer: This is commentary published by Olympus Law Partners Pty Ltd is for general information purposes only. This should not be relied on as specific legal advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal. The content also is subject to change.
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