Family dispute resolution in the form of mediation is a useful method of avoiding court and smoothing out disputes during and after separations and divorces. Court costs money and is stressful, so staying out of court is a worthy goal, no matter what your feelings.

Mediation is the process through which those involved have a mediator that helps to identify problems, and then find alternative solutions that everyone can live with. This can include making decisions about property, assets, and children. The people involved are encouraged to come to their own solutions – with help. Contact Vanessa Ash if you are struggling to come up with a plan – we can help.

By law, if children are involved, mediation is required before applications can be lodged with the court, and there are also parenting plan and Consent Order options.

     Why you should consider mediation

• Less time and money than court
• The decisions are yours, not the judge’s
• Take the time you need – there isn’t a rush or deadlines
• Protect your relationships (with children and a former partner) from the damage court can do
• Tends to be less stressful than a formal court appearance

     Reasons to seek mediation

• Decisions about children – can include parenting disputes
• Maintenance payments to a partner
• Child support payments
• Dividing up property and assets

     Reasons to avoid mediation

• When family violence is involved and there is a continued risk to a child or parent
• Mental health, drug/alcohol abuse issues within the relationship
• Child abuse allegations
• Intervention orders prevent contact
• Urgent cases

     What happens during mediation
First, each party involved in the mediation is assessed to make sure mediation is the right pathway. Then, if mediation is right, a meeting is arranged where both parties set out their concerns. A private meeting might be arranged for discussions. In joint meetings, discussions are encouraged to find preferable outcomes to each party.

If an agreement is reached, it is recorded for the court, but if an agreement cannot be reached, the issues are presented to the court for a judge to decide. All mediation meetings are confidential and cannot be used in court.

Your family’s story is unique. Contact Vanessa Ash and Associates for expert legal advice.