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Family Law Mediation
In a breakdown of a marriage or de facto relationship, Mediation provides an effective process for negotiating property and parenting matters. East Coast Law have a team of family law solicitors to assist you in all areas of dispute resolution.
How Mediation can help you in your separation
If your relationship has come to an end the best thing for all parties is to have property and parenting matters resolved quickly and cost-effectively with minimal conflict through Mediation.
To help both parties come to agreement, Mediation is facilitated by an impartial, third party who is accredited under the National Mediation Accreditation Scheme (NMAS). The mediator’s role is to facilitate a dialogue between the parties by addressing each person’s wants, needs and concerns. The mediation process is unique in that it allows each party to offer solutions or alternatives to their problems.
Mediation is often interconnected with the Court process, with parties being ordered to attend either before or during litigation. For this reason, it is often advisable to use mediation to find an equitable solution for each party beforehand to avoid court or speed up the process if further action is required.
Family Mediation & Dispute Resolution
East Coast Law have a team of specialist Family Lawyers available to assist you with your dispute. Our approach is one of care and empathy, guiding our clients and representing their interests to ensure a smooth, efficient, and fair outcome can be reached.
We can help you with:
- Mediation in parenting matters
- Mediation in property and finance matters
- Legal advice and guidance to secure your best interests
- Formalising the agreement through the Federal Circuit and Family Court of Australia.
We offer affordable and approachable family law services and will be happy to assist you. With offices in Newcastle, Toukley, Maitland, Edgeworth & Port Macquarie our team are here to help you navigate separation and divorce, offering care, compassion, and certainty during a difficult time.
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Mediation in Parenting Matters
Mediation is compulsory in parenting matters. Parties must attempt mediation before they can commence court proceedings. There are exceptions to compulsory mediation in circumstances of urgency and/or family violence.
Our Solicitors have extensive knowledge of the family law process and will help facilitate mediation through a child-focused approach.
We can then prepare a Parenting Plan or consent documents to obtain consent orders from the court.
If the matter remains unresolved after mediation is attempted, the Mediator will issue a section 60 I certificate which allows a party to commence Court action to obtain parenting orders.
Parenting court proceedings may take up to two (2) years (sometimes more) to be determined by the Court on a final basis. Parties are encouraged throughout the process to reach an agreement to ensure their children’s best interests are served and the impact of the court process and parents conflict is lessened as much as possible.
Mediation in Property Matters
Although not compulsory in property disputes, mediation should always be considered before court action is commenced to save time, money and emotional stress. Property settlement negotiations may also take place by way of a round table conference, where the parties and their Solicitors have direct upfront negotiations with each other.
In a contested property matter which is progressing through the Court stages, mediation is usually ordered by the Court. This may occur by way of one of the Court’s Registrars’ conducting a Conciliation Certificate or by an approved private mediator conducting external mediation.
If an agreement is reached between former spouses prior to or during court action, Consent Orders are typically prepared by one of the Solicitors. The Consent Orders are signed by the parties and their Solicitors and lodged with the Court. The Judge (or Magistrate in the Local Court) will make orders in chambers without the need for a court appearance. The Judge, however, must be satisfied the consent orders are properly drafted and represent a just and equitable resolution of the matter.
Sometimes if parties reach an agreement without court proceedings being commenced their Solicitor may recommend they formalise the agreement in writing by way of a Binding Financial Agreement (“BFA”) rather than Consent Orders
It is very important to obtain information and advice from an experienced family lawyer early in the settlement dispute and often it is recommended advice be received prior to, or immediately following separation.
Significant costs may be incurred by a party in an attempt to settle or negotiate a matter where the other party is not responding to those actions. An experienced family lawyer will advise you when to stop attempted settlement discussions and when to commence Court action. Some people and some matters only respond to litigation. This is very unfortunate, however, it is far better to learn this sooner rather than later.
As with contested parenting matters, legal costs and delays in litigated property cases are significant. When considering settlement of a property matter a party must always take into account the costs they have incurred to date and the costs of progressing the matter further by Court action. Making property settlement decisions is like making a business decision. Continuing with Court action because “of the principle of the matter” is usually a very expensive and ultimately unrewarding experience.
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