Mediation is a structured negotiation procession where a neutral third person known as a mediator, assists the parties to identify and assess options and negotiate agreement to resolve their dispute.
It is a confidential process which means that what is discussed during the mediation cannot be brought up by the other party at a later date in court. In family law mediation’s the parties are usually represented by their lawyer, and the mediator is often an experienced barrister who is also trained as a mediator. It is important to ensure that comprehensive preparation occurs before the mediation, to give the dispute resolution process the best possible chance of resolving at mediation.
At Farrell Family Lawyers we have represented numerous clients at mediation. It is very effective form of ADR, where disputes resolve through this process in the majority of cases. Please contact us if you would like to find out more about the mediation process.
Family Dispute Resolution
Family Dispute Resolution (FDR) is a form of mediation in which parties attempt to reach agreement in relation to parenting or financial matters with the assistance of a registered FDR Practitioner. There is a requirement under the Family Law Act that parties participate in FDR to make a genuine effort to resolve their dispute before applying to the Court for orders relating to children.
A party must file a certificate provided by the FDR Practitioner at the time that they file an application seeking orders in relation to children. Parties are only excused from filing these certificates in exceptional circumstances such as where there has been family violence or where there is urgency.
FDR is a confidential, cost effective means of resolving disputes. We are supportive of clients attending FDR to try to resolve parenting disputes and refer them to organisations such as Relationships Australia Victoria, which has a number of experienced FDR Practitioners.
Collaborative Law is a process that assists parties to reach a mutually acceptable settlement by sharing information and working co-operatively together.
Each party must have a collaboratively trained lawyer to provide them with advice and guide them through the process. The process consists of a series of meetings involving the parties and their lawyers working together in a transparent and non-aggressive way to reach agreement. Other neutral professionals such as psychologists and financial planners may also be engaged to attend meetings and to assist the parties to resolve their dispute.
The majority of matters resolve through the Collaborative process however, if a matter does not resolve through the collaborative process and the parties issue Court proceedings, the lawyers will not continue to represent the parties and the parties will need to engage new lawyers.
Annmarie Farrell is a trained collaborative lawyer who is able to assist you or to provide further information about Collaborative Law.