Mediation in family law disputes
Mediation, or family dispute resolution, is a way of resolving your family law problems without going to court.
Disagreements in family law, whether it’s about property settlements, or child-custody arrangements, can be distressing.
Having to attend a court hearing can exacerbate the emotions involved, and you can opt for mediation at any time including before, during, and after separation, and even once a court case has begun.
Mediation is a process that brings people together in a controlled and structured environment, with the aim of encouraging open communication, and to collaborate on solutions.
The mediator is an impartial third party who is trained in conflict resolution and will guide the discussion without offering any personal opinion or judgement.
Mediation in family law disputes offers a non-confrontational environment where everyone is encouraged to express their viewpoints, grievances, and needs.
What is FDR?
Family Dispute Resolution (FDR) is a specific type of mediation which must, with limited exceptions, be undertaken prior to the start of court proceedings in any parenting matters.
Any agreements reached at mediation about the care of children can be formalised into a Parenting Plan, and steps can then be taken for those agreements to be made binding by the court, which are known as consent orders.
There are several benefits to mediation when going through a family law dispute.
Firstly, the process of mediation can be empowering. Unlike the courts, where a judge will have the final say, this is your chance to be in control of the outcome.
Mediation is a comfortable environment, much more comfortable than the formality of a courtroom.
It’s also generally much more cost-effective than going to court, and you are more likely to reach an outcome quicker – court cases can take months to reach a hearing date.
Mediation can also help you preserve some form of relationship.
When children are involved, the more you can agree with and work with your former partner, the better for everyone. Mediation encourages co-operation and compromise.
The process also offers a level of flexibility that is not always available through the court system.
Michael Lynch Family Lawyers have a mediation team ready to help you. Contact our office on: (07) 3221 4300 or email: [email protected] to make an appointment and start the process to a peaceful way forward.
