As a result of changes to the family law “system” in 2021, unless there are exceptional circumstances (e.g. family violence or urgency), you must attempt mediation before you can file a court application for property settlement or spouse maintenance. This has been the case for parenting matters for many years.
Mediation is a negotiation process involving an independent expert (the mediator) who works with you, your former partner, and your lawyers to reach a resolution together.
Mediation can occur in relation to whatever issues you and your former partner agree to, but most commonly occur in relation to property settlement, spouse maintenance, child support and parenting/children’s arrangements and issues.
Mediations are normally conducted in a “shuttle style”, which means that you and your former partner are not sitting in the same room all day. This gives you and your former partner privacy, space, and the time you need to think about possible solutions.
5 Benefits of Mediation (it’s not just a hurdle to litigation!)
- You hold the power. In this process you and your former partner make the decisions (unlike a judge in a court process). After all, aren’t you and your former partner the right people to be making major decisions about your children and your family, and the assets you have worked so hard to build?
- It will save your mental and physical health. There is an indisputable correlation between divorce and depression and anxiety. Litigation only exacerbates this. Resolving your situation early and on your own terms will not only save you precious time and money, it will also enable you to preserve your mental and physical health.
- It will save you time and money. Mediation is efficient as you and your former partner jointly decide the process and timeframe. Even with recent improvements and extra resourcing, our family court system is not quick. The wait for a final hearing can be more than a year. The timeframe for mediation can be as little as 8 weeks (provided all necessary information has been exchanged). Just remember, the longer it takes to resolve your dispute, the more you will probably pay in legal fees and the longer it will be until you can finally move on.
- It can help you and your former partner get on a positive co-parenting path. Most family law disputes do not need a court room. A skilled lawyer will not only advise you on the law and help you identify the issues, they will also help you generate various options and solutions, so that you can ultimately reach a mutual agreement.
- Statistically, mediation has a very high success rate.
We are family law experts passionate about helping our clients resolve their matters with dignity and respect at an early stage.
Please contact the O’Reilly Shaw Team on 07 3236 4504 if we can be of help.
