Family Law Mediation
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Mediation in family law disputes
Mediation is an important part of most family law disputes. In fact, unless there are exceptional circumstances, parties must attempt mediation before either of them can issue a court application seeking parenting or property orders. Parties who are in Court are often ordered by the Court to participate in mediation to attempt to resolve their dispute.
Mediation is a private dispute resolution process where the parties are assisted by a trained mediator who is neutral and independent, to help resolve their differences.
Mediation is a private dispute resolution process where the parties to a dispute are assisted by a trained mediator who is a neutral and independent third party, to help resolve their differences.
Mediation is a confidential, meaning that if an agreement is not reached, anything said or offered at mediation cannot be referred to once the mediation has ended.
The aim of mediation
The aim of mediation is to help parties to effectively engage in discussions about their dispute, in a way that they feel comfortable.
Commonly, family law mediations are conducted in ‘shuttle’. This means the mediator will speak to each party separately and move between the parties to attempt to achieve an agreed position.
In family law matters, it is very common that parties do not feel comfortable engaging in joint discussions around a table together. Commonly, family law mediations are conducted in ‘shuttle’. This means the mediator will speak to each party separately and move between the parties to attempt to achieve an agreed position.
How mediation takes place
These days mediation frequently takes place in person or via electronic means such as video link (e.g. ‘zoom’), making it very accessible to parties who can participate from the comfort of their home, if that is preferred.
Parties can participate in mediation with or without the assistance of their lawyers. However, it is very important to be prepared.
Parties should seek specialist family law advice before going to mediation, so they are equipped with the right information and understand what is appropriate in their individual circumstances.
If mediation is successful and agreement is reached, it is still vital that you engage a lawyer to formalise the agreement to ensure it is binding.
The benefits of mediation
- Fast: Resolving your dispute at mediation will save you considerable time and avoid the delays associated with Court proceedings.
- Cost effective: Access to experienced family law mediators is relatively cost-effective and, if successful, will be far less expensive than going to Court.
- Choice and control: Mediation keeps the decision making in the parties’ hands. Parties who mediate are more likely to come to a compromised agreement that suits them both and, importantly, meets the individual needs of their children.
Parties who mediate are more likely to come to a compromised agreement that suits them both and, importantly, meets the individual needs of their children.
If you have been invited to mediation, are interested in learning more, or require individual family law advice before participating in mediation, please contact us to arrange a confidential discussion.
Collaborative law
In family law, the Collaborative Law process is a form of alternative dispute resolution that provides a positive way for separating couples to resolve their disputes with the assistance of their lawyers and other independent professionals.
Collaborative process is a tailored process where all lawyers, neutral experts, and sometimes a ‘coach’ or facilitator, work to achieve the right result for both parties.
Collaborative process offers many benefits over other forms of alternative dispute resolution and litigation, including a tailored process where all lawyers, neutral experts, and sometimes a ‘coach’ or facilitator, work to achieve the right result for both parties.
How the Collaborative Law process works
In a Collaborative Law process, each client and their lawyers agree in writing to attempt to resolve their dispute without going to court and make a commitment that the lawyers will not act for the clients if they cannot resolve their matter by collaboration and decide to litigate instead. This focuses the attention of all involved towards a constructive resolution.
The process involves a series of face-to-face sessions to discuss the issues at hand, identify the parties' interests, and explore potential solutions. The parties will have the opportunity to communicate their needs and goals directly to one another.
The role of neutral experts
Neutral experts, such as jointly selected child or adult psychologists, accountants and/or financial planners attend some meetings to assist both parties.
Agreement and settlement
Once an agreement is reached, the lawyers will draft a legally binding document outlining the terms of the settlement. This document will be presented to the court for approval and becomes a court order once accepted.
Like mediation, the collaborative process is voluntary and confidential.
If you are interested in the Collaborative Law process, please contact us for a confidential discussion.
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What our clients say
I was fortunate enough to have been given Lana’s details whilst trying to navigate my separation. Obviously it was a very confronting time for all involved, so to have someone like her guiding me through the process was a blessing. I found Lana to be very considerate, extremely professional and just a genuine person to deal with. Can’t recommend Hulse Family Law more highly.
I will be forever grateful to Lana for making the process of divorce as stress-free as possible. She was very knowledgeable, supportive and reassuring through the entire process. Lana always took the time to clearly and efficiently explain any questions I had along the way. I was extremely satisfied with the outcome and have no hesitation in recommending Lana’s high quality professional service for all your family law matters.
Separation is a highly emotional and challenging time, without any knowledge of family law, the way forward was full of uncertainty. Lana’s knowledge and experience was invaluable in providing me with the answers I needed and the options available to me. I wouldn’t hesitate to recommend Lana and Hulse Family Law.
During the pandemic, Lana helped me navigate an extremely difficult separation. With her extensive knowledge of family law and her professional approach, she was able to guide me through the process calmly with compassion, listening patiently to my concerns and offering a range of solutions. She helped me make informed decisions during an emotional and stressful time. The process was resolved efficiently with minimal conflict. I have no hesitations in recommending Lana for any family law matter.
Amazing service through one of the most difficult times in my life. Separation can be one of the most stressful situations anyone has to go through and Lana did the most incredible job of helping me through it every step of the way. Her genuine, kind and caring approach along with outstanding legal knowledge was second to none, along with personal advice she gave with all possible options and outcomes. Words can honestly not express enough how grateful I am.
Lana did an amazing job helping me navigate the very challenging and often scary process of separation, child custody and asset division. Her calm approach and confident advice steered me in the right direction and enabled me to obtain the best outcome for my family. Lana is patient, steady and wise and really manages to see the big picture without missing important details. I would recommend Lana for anyone seeking legal support through the process of separation.
I would highly recommend Lana, she has a wealth of knowledge and experience with family law. She helped me understand what my rights were and was able to give me the information I needed before progressing further with separation. I appreciated her timely manner in always getting back to me, and the way things were explained so well. I felt listened to and supported through a challenging time and was very happy with all the outcomes.
