MEDIATION
Mediation and Family Dispute Resolution (FDR) are valuable methods to resolve parenting and property settlement disputes by agreement. Many parties find themselves happy and more content after reaching an agreement with the other party, as opposed to having a judge impose orders themselves. While mediation and FDR can be done without lawyers, it is sometimes better to involve a lawyer in the negotiations so that you can receive ongoing advice and benefit from a structured discussion. It is also worthwhile asking your lawyer about suitably qualified mediators who are experienced with discussions in parenting and property settlement disputes. The mediator acts as an impartial third party during the mediation, but also plays a essential role in guiding discussions between the parties, thereby helping them to narrow the issues in dispute and work towards an agreement.
Mediation for Property Settlement
As mentioned on our property settlement page, it is important the parties seeking to achieve property settlement orders comply with their obligation to provide full and frank financial disclosure of their existing financial interests. This helps the parties define the net asset pool and therefore the main subject matter that would underpin discussions for financial settlement.
Mediation for property settlement discussions are usually successful if carefully prepared, the asset pool is agreed upon and the disputed issues are defined. It is also important for you and your lawyer to discuss your bottom line and areas of compromise.
Mediation for Parenting Orders
In most cases, mediation and FDR are compulsory for parenting orders. Parents are often required to show they made a genuine effort to arrive at an agreement for parenting orders. It is accepted that mediation may not be possible because of family violence or because the other parent won’t communicate, but if there is the opportunity to mediate parenting orders, it is strongly recommended you take that opportunity and have a lawyer present.
When preparing for a mediation involving parenting orders, it is important to give proper thought to the needs of your children and the practicalities of any arrangements enforced by way of Court Order. Prior to attending mediation, you and your lawyer should think about what parenting orders you want, how effective or sustainable will they be, and if any protective measures need to be put in place.
At KF Lawyers, we have experienced family lawyers who appreciate the value of mediation and appearing as collaborative advocates on your behalf. If you are seeking a lawyer to help you prepare for a family law mediation, please contact KF Lawyers to arrange a free initial consultation and discuss your options.