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Mediation and family dispute resolution
Mediators and family dispute resolution providers are neutral, third parties who can
assist you and your former partner make a
parenting plan. It can be
a quick means of reaching an agreement without costly legal and court fees.
Mediation and counselling may not be suitable for situations involving domestic
violence and you should discuss your options with the mediator or ask for an
exemption if you don’t believe you can negotiate a safe agreement for you or your
children. You can ask for shuttle mediation where you and your former partner are in
separate rooms or one of you is on the telephone.
If you do decide to try mediation it is vital that you tell your mediator about
any family violence or any
family violence
orders so they can work out whether it is appropriate for you to attend mediation.
If you are going to court you will need to provide a certificate from an accredited
family dispute resolution
provider to confirm that you and your former partner have attended mediation to
attempt to resolve your issues before you can commence legal action in the court.
A mediator or family dispute resolution provider may be able to also help if you and your
former partner cannot agree on how your assets should be divided. In circumstances where
your assets are complex or where superannuation needs to be divided you may need to seek
legal advice about how to obtain orders to give effect to that agreement.
The requirement to attend mediation may not apply in certain circumstances such as:
-
Your matter is urgent
-
A child has been abused or is at risk of abuse
-
Domestic violence or risk of family violence
-
A child has been abducted or is at risk of being abducted
If any of the above circumstances apply to you seek
legal advice
immediately.
