1800 960 695
Mon - Fri 8.30am to 5.00pm
Saturdays 9am to 12pm by Appointment
Mon - Fri 8.30am to 5.00pm
Saturdays 9am to 12pm by Appointment
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.
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.
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:
