In even the most amicable of separations, it can sometimes be hard for couples to reach agreement on absolutely everything without the assistance of a mediator.
Mediation allows you to have a confidential discussion with your ex-partner about your separation, parenting and property matters with the assistance of a specialised, unbiased Mediator who facilitates the discussion and negotiation with a view to achieving a viable outcome for both of you and your family.
It is our belief that each party and their lawyer should do all things possible to resolve the case without the need for Court Proceedings, which can be a lengthy, expensive and stressful process and can impact and deteriorate already fragile relationships. Mediation is a great step to take to try and avoid this.
Currently, the legislation requires parties to attend mediation prior to commencing Court Proceedings regarding parenting matters, encouraging parents to find solutions for their children without the need for litigation. There are some exemptions to this mandatory requirement, for example where a child or parent is at risk. Speak to us today to find out whether these exemptions might apply to you.
At this stage, mediation is not mandatory for property matters, however, if this step has not been taken prior to a party initiating proceedings, it is likely that the Court will nevertheless order that mediation take place. It is therefore important that you consider this helpful tool prior to commencing proceedings.
Do you need to attend mediation?
You may have received a letter from your former partner or their mediator requesting that you attend mediation. Or perhaps you're contemplating initiating mediation yourself.
In parenting matters, if you have received a request to attend mediation and fail or refuse to attend, a certificate may issue against you which will then allow the other party to file Court Proceedings. The certificate will record a failure or refusal to attend and will be filed with the Court. As such, it is important that you do not ignore these requests.
If you are not sure of the process, or whether you should or shouldn't attend mediation, or whether the mediator proposed is right for your matter, we can help.