Do you need help resolving your family dispute?
We have two family disputes experts that are qualified family dispute resolution practitioners.
Contact Jessica or Kelly today.
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Fill in your details to get the Mediation checklist PDF download
When Are Our Services Available?
Our registered family dispute resolution practitioners are available after hours and are generally available at short notice for urgent mediation about your family’s needs.
Family disputes that end up in court can be very expensive and incredibly draining for all concerned.
Getting empower to resolve a dispute in the most expedient way before going to court will save you money, time, stress and a great deal of inconvenience.
Download a free mediation checklist to help you prepare
Request A Mediation Checklist
Mediation Checklist Download
Fill in your details to get the Mediation checklist PDF download
Do you have to attend a dispute resolution conference or attempt to resolve your differences before going to court?
Parenting orders
* “The Family Law Act 1975 (Cth) makes family dispute resolution (such as mediation or conferencing) compulsory before applying to the Court for parenting orders. As a result, family dispute resolution providers and practitioners play a major role in the family law system [s 60I].
Parenting & Property Matters
* In addition, the pre-action procedures set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Schedule 1 (for both parenting and property matters) require the party considering filing the application to (if it is safe to do so) invite the other party to participate in dispute resolution and make a genuine effort to resolve the dispute by participating in dispute resolution.
Exceptions
* There are situations/circumstances where dispute resolution may not be suitable, or required. For example: where safety concerns involving children are concerned immediate attention of the court may be deemed necessary.
We can empower you with a certificate to show the court that you have tried mediation or an exception applies.
Contact us today
to get in touch with our registered family dispute resolution specialists.
Or
Request A Mediation Checklist
Mediation Checklist Download
Fill in your details to get the Mediation checklist PDF download
What is a mediation conference?
A mediation conference is where the people on both sides of a dispute sit down in a room, with an independent person (the mediator). During this session you can:
- layout the disputed issues
- Discuss why those are issues for both of you
- Discuss what the options to the issues
- Discuss and consider alternative courses of action to
- Attempt to reach an agreement.
- Can sign an agreement and paperwork to be presented to the court ahead of a scheduled court date.
NB If you have already appointed a lawyer, your lawyer may also be required to attend the mediation conference.
What if I don’t feel safe being in the same room as my ex?
In circumstances where personal safety is at risk, a mediation conference can be arranged via phone or video conference or shuttle. Our family dispute resolution practitioners will ensure that every one is safe during the process
Before Your Meeting
Prior to your mediation conference your mediator will review the dispute(s), consider the position of both parties, and along with their suggested resolutions, consider the best process for the conference
To start your mediation
To begin the conference the mediator will explain the process to you and the rules that the mediator has, to give you the best chance of success of reaching agreement, ask both of you what disputed issues, the background to the disputes and include any other information that is relevant. This is to ensure that everyone is in agreement before commencing.
During Mediation
Each mediation conference is different, depending on the issues at hand and the people involved. So, a mediation conference is naturally flexible to accommodate the circumstances and in order to attempt to move matters along to a mutually satisfactory resolution, on each disputed issue.
Your mediator has no advisory role regarding the content of your dispute or its outcome and cannot make binding determinations.
However, the mediator will empower negotiations by asking questions, encouraging open discussion, offering different perspectives and expressing issues in alternative ways.
Can I choose the mediator?
Both parties to the dispute need to agree on a mediator.
However, if the court orders you to attend mediation the court will appoint a mediator or provider, which is usually a registrar of the court or held at the Legal Services Commission of South Australia.
What happens if an agreement isn’t reached?
You can try mediation again after a few months if you are not in court. We are experienced to empower you to make decisions for your family even for a short period of time.
If you’re in court and you don’t reach an agreement on all the issues, your case will proceed to a hearing.
Contact us today
to get in touch with our registered family dispute resolution specialists.
Or
Request A Mediation Checklist
Mediation Checklist Download
Fill in your details to get the Mediation checklist PDF download
Why is mediation better than going to court?
If you are able to resolve your legal dispute without the need to go to court, you will enjoy a number of significant benefits.
You will save money
If your legal dispute can be resolved via a mediation conference, the costs will be much less than preparing for a trial and going to court. Mediation offers many benefits over a trial by a judge, including:
You will need less time – providing a resolution can be reached
Court proceedings can take up a lot of time and you have no control of court dates, or the length of time you need to be in court.
More flexibility and convenience
A mediation conference can be arranged around your schedule. When a court date is set, it is set to suit the schedule of the court and the judge.
Less Stress for all concerned
Going to court is very intimidating and causes a lot of anxiety. Mediation is far less formal and less stressful.
What about confidentiality?
Mediation is a private process. Your mediator cannot discuss information provided by either party with the other person and a judge is not informed of the content of a mediation.
If you are unduly concerned about privacy, it is recommended that you discuss mediation confidentiality with a lawyer.
After the mediation conference
Not in court?
If you reach an agreement, our family dispute resolution practitioners can provide you with referrals to experienced Family Lawyers who can help you to decide how that agreement is formalised.
If you do not reach an agreement, we will share with both of you the next steps.
In Court?
If you don’t reach an agreement on all the issues, your case will proceed to a hearing.
If an agreement is secured and all parties have signed the relevant documentation then your lawyer or you can notify the court that an agreement has been reached and the case will not need to go to court. Your mediator will provide you with a Certificate of Dispute Resolution.
Remember that an agreement can be reached at any time prior to your final court hearing.
- Extracts from https://www.lawhandbook.sa.gov.au/ch21s01s02.php
Got A Question About Mediation?
Reach out to us for a no obligation chat to discuss how mediation can empower you and your family.
If you are able to resolve your legal dispute without the need to go to court, you will enjoy a number of significant benefits.
Be in touch
If you are interested in working together, send us an enquiry and we
will get back to you as soon as we can.
Contact Us
T 08 8410 9294
Enquiries
info@adelaidelegal.com
Office & Postal Address
Ground Level,
400 King William Street,
Adelaide SA 5000
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