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Mediation Explained

What is Family Mediation?

Family Mediation is a simple, inexpensive form of alternate dispute resolution, as opposed to more formal options available, eg litigation or arbitration.

The object of mediation is to assist disputing parties to focus on their problem, talk about it and, if they choose, agree upon a solution.

Although our mediators are also Accredited Family Law Specialist Lawyers mediation is not the practice of law. Our mediators cannot provide individual legal advice or representation to one of the parties to the mediation. A lawyer represents you; a mediator is a neutral third party.

Mediation is not only for court cases. Although various Courts refer parties involved in litigation to mediation (especially family law matters), you may also engage a mediator as an alternative to going to court in the first place.

Mediation is a private matter process.  Everything that is said in mediation is
confidential. A mediator is bound not to reveal what the parties have said in mediation, except in a few limited situations such as:

  • When there is a law that requires the mediator to report certain information,such as child abuse.
  • Where the mediator believes it is necessary to reveal information so as to prevent    serious injury or death.

Our Mediators generally have no hard and fast procedural rules at their meetings. Our mediators rely on their extensive professional experience, skill and training to conduct and guide parties towards settlement.

Mediation is not an appropriate dispute resolution option in the following circumstances:
The dispute involves a point of law,

  • the interpretation of a document
  • the necessity for an urgent injunction, or
  • in disputes when an allegation of fraud or other commercially disruptive conduct is made
  • The disputants have a history of mutual intimidation, violence or acrimony
  • There is an imbalance of power, social or financial position between the disputants
  • A statutory time limitation or deadline expiry date is imminent.

Get expert advice from
a Family Law Specialist

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