At Nevett Ford, our expert family lawyers understand that relationship breakdowns can be a taxing experience. We can help lessen your burden by testing out proposals, working through the details, and helping to identify where areas of inconsistency or strategy might come in.
We also understand that there is no one-size-fits-all solution for family dispute mediation, so we work closely with our clients throughout the process to ensure that both parties reach a resolution tailored to their situation.
Our family lawyers also work with collaborative lawyers to conduct collaborative law, an open and transparent process designed to avoid conflict.
Contact one of our family dispute lawyers to see how we can help you and your partner reach a mutually agreed resolution.
Who You’ll Work With
FAQ
What is family dispute mediation?
Family law dispute mediation solves disputes between families, either during a marriage separation or a de facto relationship separation. The goal is to reach an agreement on property settlements, spousal maintenance, child support, financial settlements, and parenting matters that satisfy both parties without needing to go to court.
It is recommended that you consult a family lawyer before engaging in mediation as the key to a successful mediation is having access to accurate and easy-to-understand family law advice, as well as an experienced family law lawyer.
How does the family dispute mediation process work?
- Often an initial interview with an accredited mediator to understand the background of your relationship, the factors that have contributed to its breakdown and the issues you are looking to resolve, or a briefing note will be prepared by your lawyer for your mediator;
- Joint meetings (if safe, and you are comfortable with it) with all parties involved to share your wishes and concerns and listen to the other party’s reasoning.
- A mediator going between the parties to pass offers and to ‘reality test’ your position.
- Reach an agreement that each party can accept. The details of this agreement will then be documented, signed, and resolved to allow both parties to move forward.
What happens if the family dispute mediation fails?
If one party refuses to participate in the mediation process, your situation is not appropriate for a mediation, or you are not able to reach an agreement on the different matters, your mediator or family lawyer will issue a certificate – this will form part of the evidence that you have tried everything before going to Court, that will allow you to commence Court proceedings if you want to do so.
What is the role of a family dispute lawyer during mediation?
Although it is not necessary for a lawyer to be there during a family dispute mediation session, having one will be very helpful to you. Your lawyer can help you prepare for mediation by:
- Explaining what to expect during the mediation.
- Discussing the possible outcomes if the dispute ends up in court.
- Identifying the strong and weak points of your case.
- Determining the options you can take to the mediation
These initial discussions with an experienced family law dispute lawyer allow you to make informed decisions during mediation. In addition, throughout the mediation process, your lawyer will offer legal advice and support the mediator in helping both parties reach a mutually-agreed outcome.
Topics We’ve Written About
Say “I do” to a Prenup!
Having the hard discussions before walking down the alter can save you a pretty penny and a whole lot of headache. Prenuptial agreements outline how your assets and liabilities would be divided in the event you separate from your partner. It is essentially a...
Understanding How Divorce Affects Immigration Status
Divorce is a significant life event that can have profound implications for many things, such as on one's immigration status in Australia. It can directly and indirectly affect your ability to remain in the country, depending on what type of visa or residency status...
What to Expect Preparing for a Family Law Property Settlement
If you are going through or considering a separation or divorce from your partner, you will likely be concerned about how your property is divided. Depending on the number of assets you have and whether these were obtained before, during or after the relationship,...
Domestic Violence and Divorce: How Lawyers Can Safeguard Your Rights
Divorce is already a confronting and challenging process, however, if you have been subjected to or fear a risk of domestic violence it is essential that you prioritise your safety and ensure your rights are protected. Domestic violence can take many forms, including...
Life in the fast lane? Protect your assets through periods of significant earnings.
Life in the fast lane? Protect your assets through periods of significant earnings Many highly skilled people in the fields of finance, construction, petroleum and engineering may at one point or another find themselves offered or working in countries where they were...
Tips for preparing for a family law mediation – Part 4 of 5
Mediation is a useful alternative dispute resolution method that can facilitate the parties to a dispute to reach a mutually agreeable solution without contesting the issues before a judge. You may agree to attend private mediation prior to any court proceeding, or...
Testimonials
Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000