What is Mediation and is it right for me
Posted on 13 July 2022
Family Law Mediation – what is it and is it right for me?
What is it?
Mediation is a form of Alternate Dispute Resolution which assists parties come to an agreement without the need to go to court. Mediation can help parties reach an agreement as quickly, cost effectively and stress free as possible.
How do I prepare?
The one key point to give you the best chance of success (that is, reaching agreement) at mediation – be prepared!! If you’re not prepared, it will be a frustrating event and you will be impacting on your chance of finalising your matter.
Be prepared and get advice from a family law specialist, who can help you understand what your mediation process is going to be like, and help you understand what entitlements you have when considering the Family Law Act and your particular circumstances (remember no two matters are the same).
When going to mediation for family law property matters, you need to ensure you have what information you need from the other party before you attend mediation, ensure you have received information which you are entitled to request and you have a complete understanding of what each parties financial circumstances are.
Is it right for me?
The Federal Circuit Court and Family Court of Australia want to see parties reach an agreement themselves, they will refer your matter to a form of Alternate Dispute Resolution at every opportunity which they get. In fact, it is a requirement (except in certain circumstances) that parties attend alternate dispute resolution before they can file an Application to the Court.
Whether you are going to mediation for family law property or parenting matters (or both) Omnia Legal are able to assist you to work with the other party to be as prepare as possible, maximising your chance of success.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.