Mon - Fri 8.30am to 5.00pm
Saturdays 9am to 12pm by Appointment
Family Mediation
What is Family Mediation or
Family Dispute Resolution?
Family mediation or Family Dispute Resolution Practice is a form of alternate dispute resolution, such as mediation that focusses on resolving family law issues, including parenting matters, property settlement and child support.
Parties often choose to engage in Family Dispute Resolution Practice as an alternative to expensive and protracted litigation.
The purpose of Family Dispute Resolution Practice is to facilitate respectful discussions and negotiations between the parties with the view of reaching an agreement.
It is important to understand that it is not the role of the family dispute resolution practitioner to advise or advocate for either party, but to remain impartial and appropriately guide the parties throughout the negotiation process.
If an agreement is reached during Family Dispute Resolution Practice, this can be documented as a Parenting Plan or Heads of Agreement (for financial matters).
It is important to understand that while these documents are not enforceable, they can be easily drafted as Consent Orders or a Binding Financial or Child Support Agreement by a Family Lawyer following Family Dispute Resolution Practice.
Is Family Mediation right me?
The Family Law Act 1975 (Cth) requires parties to attempt to resolve their disputes through family mediation via Family Dispute Resolution Practice before making an application to the court for orders.
Although some exemptions may apply for urgent matters such as there is concerns that the child/ren are at a risk of harm or where a party is unable or unwilling to effectively participate in family mediation.
If you and your former spouse are having difficulties in reaching an agreement in relation to the care arrangements for you children and/or the division of your assets, family dispute resolution is usually the most appropriate option to resolve these issues.
The Family Dispute Resolution Conference can be held as a round table conference or by ‘shuttle’, meaning that each party is in a separate room, depending upon the parties preference and what they are comfortable with.
At McCarthy Mediation, we offer an initial intake appointment to be able to determine the nature of the dispute and whether it is a matter that would be appropriate for family mediation via Family Dispute Resolution Practice in accordance with the relevant provisions of the Family Law Act.
If you are unsure whether family dispute resolution is right for you or if your matter is appropriate for family dispute resolution, we would encourage you to contact our office to book an intake appointment with one of our senior family lawyers and dispute resolution practitioners.
How will I benefit from
Family Mediation?
As both family lawyers and Family Dispute Resolution Practitioners (FDRP), we understand that separation and the family law process can be an emotional and stressful time for most people. McCarthy Mediation facilitate negotiations to enable both parties to achieve a mutually acceptable outcome by agreement.
The benefits of mediation via family dispute resolution include:
- FDRP / Family Mediation is a confidential process. Each party meets with the mediator separately and all information shared is confidential.
- Impartial mediators are working towards mutually acceptable outcomes for both parties.
- Flexible arrangements. Intake appointments are held separately either in person or online prior to the mediation. The mediation has many options that include both parties being in the same meeting room, one or other being online, or both parties being separate meeting rooms.
- Saves time. Intake appointments can happen quickly with both parties. Our mediations can either be a half-day or whole-day depending upon the nature of mediation. These can be booked usually within a week of attending the Intake appointments.
- Cost-effective. Resolving parenting or property issues through mediation, are often significantly less expensive than going through the court process.
- Control over the process and outcome.
- Filing agreements with the Court is optional.
