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Posted by: Fiona Browne, Associate
Mediation is now increasingly utilised by parties and their legal representatives to settle a matter or to narrow the issues. A mediator does not make a decision for the parties. The parties must come to an agreement.
At Evans Brandon Family Lawyers we advocate the use of mediation.
The advantages of mediating a dispute are:
Mediation can be used at any stage of a family law matter.
Mediation can take the form of a round table discussion between both parties and a mediator without legal representation or the parties can choose to be legally represented.
At Evans Brandon Family Lawyers, we have a specific room available for joint mediation sessions. We also have separate meeting rooms for each party and their legal representative. This provides the ability to conduct a “shuttle mediation” if necessary. “Shuttle mediations” take place where there are issues of domestic violence or a high level of conflict between the parties. These rooms are provided at no charge to our clients.
The Family Court and Federal Magistrates Court now direct that parties attend a mediation prior to a matter being given a hearing date. The Courts advocate the benefits of mediation.
A Mediator’s role is to:
Mediation is a ‘without prejudice’ process and you cannot be forced to settle at mediation. If you do reach a resolution, an Agreement can be documented as either a Financial Agreement or Consent Orders.
You can choose to have the discussions between yourselves and the Mediator only, or with your legal representative present.
The Family Court and Federal Magistrates Court advocate the benefits of Mediation and now direct you to attend Mediation prior to a matter receiving a hearing date.