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
Richard Hamilton
Director
Catalano Clay
Lawyer
Erin Trantino
Lawyer
Jenny Christofidis
Special Counsel
Gurnoor Klair
Legal Assistant
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.
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