Melbourne Family Lawyers
Family Law Mediation Specialists in Melbourne
Are you getting divorced or separated in Australia?
Consult a Melbourne family lawyer to help you through the family mediation process. Using mediation to come to an agreement, the team at Melbourne Law Studio can help you gain more control over the process and avoid a painful court battle.The situations when you need family mediation can come during incredibly sensitive times. For this reason, our expert team wants to help every client find a fair and level-headed agreement.How Does Family Mediation Work?
First, we can sit down with both of you across a table and help you reach an agreement informally. That is the best-case scenario. When informal mediation has not worked, couples often turn to the more formal Family Dispute Resolution (FDR) process. Our FDR-accredited practitioners lead this type of mediation.To apply for a Parenting Order from a family law court Melbourne divorcing couples typically need an FDR certificate. FDR is a common form of family mediation in Australia. In some cases, a judge may order a family court mediation process.
What Should I Expect from the Family Mediation Process?
During family mediation, a Melbourne family lawyer, mediator, or FDR practitioner helps the separating couple talk over their issues and come to an agreement. The goal of the mediation process is to avoid family court proceedings. It allows the couple to reach an outcome that benefits and satisfies both of them.
The mediator serves as a neutral third party. They facilitate the process without taking sides or making decisions. By encouraging the participants to talk openly and honestly, the mediator helps them identify the areas where they disagree. This person also points out available options and ways to fair compromises. The mediator helps keep the focus on the needs of everyone involved, including the children.
Through mediation, participants can reach an agreement on decisions regarding:
- Parenting and parental responsibilities
- Property and estate
- Spousal maintenance
- Child support
The Main Benefits of Family Mediation
The mediation process tries to help a couple or family find common ground. Its goal is to reach an agreement in a calm, non-hostile environment by using open and focused communication.
Reaching a Mutual Agreement
Participating in mediation allows you, rather than a judge, to determine the outcome directly. With a mediator’s help, you and your divorcing partner work out a solution that meets the needs of all involved. To avoid a bitter battle in family court Melbourne couples should aim to reach a mediated resolution.
Keeping Disputes Confidential
Applying to the court exposes your family’s affairs to the public, however, with mediation, you can keep the matter private. This approach reduces stress and makes it easier to reach an agreement.
Preserving Significant Relationships
With mediation, negotiation does not occur in a hostile or adversarial environment. This less stressful situation makes it easier to preserve family relationships.
Defining Parenting Arrangements
Mediation is especially beneficial when creating a parenting arrangement and custody agreement. Even though you and your partner may be divorcing, you will remain parents of your children. Thus, maintaining a positive relationship will keep your children healthier from an emotional standpoint.
What Our Family Law Mediation Services Include
Find a Melbourne family lawyer who offers separation and child custody mediation services at Melbourne Law Studio. We will help you reach the best outcome while reducing legal fees and saving you valuable time. After reaching an agreement, we will help you confirm it through a consent order, custody agreement or parenting plan. That way, you will not need to go through the emotional turmoil of court proceedings.
To start the process of mediating a dispute, contact us to schedule an initial consultation. This meeting will be free of charge. During your first consultation, one of our family law solicitors will consider your options. Then we will advise you as to whether mediation is the best option for resolving your dispute.
What Questions Our Clients Ask Us...
Your lawyer can help you throughout the mediation. However, they will do most of the work when you first consult our Melbourne law firm before the mediation process actually starts to ensure the most favourable outcome. While preparing for mediation, your lawyer will:
- Tell you what to expect during the mediation
- Explain the possible outcomes if a court ends up having to deal with the matter
- Identify the strong and weak points of your case
- Determine the options you can take to the mediation
Considering the potential outcomes of a case in family court is critical in deciding whether a settlement offer is favourable. Your Melbourne family lawyer will discuss all possible outcomes with you. This allows you to make informed decisions during mediation.
Throughout the mediation process, your lawyer’s role is not to argue or negotiate on your behalf, as they typically do in court. Instead, your lawyer should collaborate with the other parties, give you legal advice, and support the mediator in helping to reach an outcome that will satisfy all parties.
Your lawyer can help you throughout the mediation. However, they will do most of the work before the mediation process starts to ensure the most favourable outcome. While preparing for mediation, your lawyer will:
- Tell you what to expect during the mediation
- Explain the possible outcomes if a court ends up having to deal with the matter
- Identify the strong and weak points of your case
- Determine the options you can take to the mediation
Considering the potential outcomes of a case in family court Melbourne is critical in deciding whether a settlement offer is favourable. Your divorce lawyer from Melbourne Law Studio will discuss all possible outcomes with you. This allows you to make informed decisions during mediation.
Throughout the mediation process, your lawyer’s role is not to argue or negotiate on your behalf, as they typically do in court. Instead, your lawyer should collaborate with the other parties, give you legal advice, and support the mediator in helping to reach an outcome that will satisfy all parties.
After concluding the mediation, the mediator will offer to summarise the parties’ mutual decisions in writing. This summary is not legally binding. However, it can be helpful if the issues are complex or if the mediation covered many different points of dispute.
If you and the other parties resolve the issue, you can make the agreement legal. Examples of ways to do this include:
- Drawing up a formal agreement that all parties agree to sign
- Lodging the agreement to make it an order of the court
- Applying for a parenting plan registration
When a couple is in family mediation for a divorce, they often apply for property division orders. However, order applications are less common when it comes to a custody agreement or other parenting matters. This is because children’s circumstances may change over time.
Working with an experienced Melbourne law firm will help make sure that the mediation does not fail due to poor preparation or unrealistic expectations. However, if an emotional outburst or other issues derail the mediation process, you have other options available:
- Restart the mediation, but in a different setting
- Negotiate privately by letter, email, or phone with the help of your lawyer
- Take the matter to court
Going to court should be your last resort. The court process can be emotionally painful, time-consuming, and expensive. A qualified Melbourne family lawyer from our team will help determine the best strategy for your situation if this happens.
Before applying for a parenting order at the family court Melbourne parents must undergo separation mediation. However, exceptions to this rule exist in the following situations when mediation is not compulsory:
- You are giving legal effect to a pre-existing agreement through a consent order
- The matter involves family violence or child abuse
- You are a respondent to a court application
- The matter is urgent
- One of the parties cannot participate in the process, for example, because of incapacity or remote location
- The other party has a history of disregarding court orders
At Melbourne Law Studio, our lawyers will help you apply for an exemption if any of the above exceptions apply.
At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.
- Complementary and obligation-free consultations
- Flexible appointments
- Fee transparency
- Payment plans
- Quick response times
- Customised client care
- Commitment to fast results
- Client-centric, result-focused solutions
At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.
- Complimentary and obligation-free consultations
- Flexible appointments
- Fee transparency
- Payment plans
- Quick response times
- Customised client care
- Commitment to fast results
- Client-centric, result-focused solutions
Family Law Mediation FAQs
How Can I Prepare for Family Law Mediation?
To prepare for mediation, schedule a meeting with your lawyer to draw up a memorandum for the mediator. The memo should contain all the information that the mediator needs to know about your case, including the mediation objectives. You should also prepare the first offer and make a list of non-negotiables.
How Many Mediations for Family Law Can You Have?
How many mediation sessions you will need will depend on various factors. These include how many issues you want to resolve, how complex they are, and the nature of your relationship with your divorcing spouse. The willingness of both people to step away from conflict and resolve the issues in a friendly way is a significant factor.
What Is a State-Registered Mediator in Family Law?
A state-registered mediator in family law is an independent practitioner who meets the accreditation standards of a family dispute resolution (FDR) practitioner under the Family Law Regulations 2008. Family law mediators can mediate disputes for independent firms or family relationship centres.
Can Mediators Give Legal Advice?
Whether or not a mediator has legal knowledge depends on their background and the type of disputes they mediate. Most family law mediators are qualified lawyers or barristers. However, some mediators have a background in psychiatry or mental health.
Even if mediators do not come from a legal background, they should be able to give information about family laws and regulations. Remember that mediators are impartial, so they do not give legal advice during mediation.
What Happens if Drug Abuse or Family Violence Is a Factor?
Family law mediation can be successful even if there is a history of drug abuse or violence. However, the mediator needs to make sure that all parties feel safe during the process. The partner who has a history of drug abuse also needs to stay sober. They should be able to understand what the decisions they make will mean for them.
If one party feels intimidated by another, the mediator can arrange a shuttle mediation, meaning communication with each person will be conducted separately.
When Should Mediation Start?
Ideally, mediation should start as soon as the couple agrees to resolve their dispute outside of court. If you are not sure whether your divorcing spouse is willing to go through mediation with you, schedule a free consultation with a Melbourne family lawyer in our team at the Melbourne Law Studio. Call us on 03 9021 1421 or contact us online.
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