Mediation in family law
Sort out your parenting and property issues without going to Court
It’s hard enough dealing with the end of a significant relationship. But often, there are other issues to think about, such as parenting arrangements and how your money, assets and debts will be divided. If communication with your former partner is difficult, negotiating an agreement may feel impossible.
Whether you want to resolve a property settlement or parenting matter, or both, mediation is a compulsory step before you’re allowed to bring an application before the Court. The only exception to this is where:
- There are significant issues of family violence
- There are urgent circumstances; or
- It would be practically difficult for a party to participate in mediation
While you may prefer going to Court, mediation in family law is often a more affordable, quicker, less stressful and effective alternative.
As family mediation lawyers in Adelaide, South Australia, we offer mediation services to help our clients reach workable solutions with less conflict so they can move on with their lives.
We can help you, too.
Having some knowledge is an excellent starting point for every client, so here’s some important information about family law mediation and how it works.
Get in touch to learn more about how we can help you.
Frequently asked questions about mediation in family law
What is mediation in family law?
Although it is a compulsory step, mediation is a voluntary way for separating or divorcing couples to resolve disputes. It’s usually more effective, efficient and affordable than going to Court.
An impartial mediator guides you and your former partner to cooperatively:
- Address the issues
- Explore potential solutions
- Decide on future arrangements that work for everyone
Need help from a mediation lawyer? Contact us to find out more about our family law services.
How does mediation work?
The mediator is a neutral third party who doesn’t take sides and isn’t involved in the issues. Part of their role is to remain independent.
The mediator helps you and your former spouse discuss the issues and communicate openly.
Mediation provides a safe and supportive environment for meaningful discussion, unlike a courtroom where a judge imposes decisions. This approach allows parties to express their concerns and work toward mutual understanding and agreement without judgment.
The confidentiality of mediation is a significant benefit. This means that your discussions can remain private (as much as the law allows), with the mediator outlining any restrictions at the start of the mediation.
Need help from a mediation lawyer? Contact us to find out more about our family law services.
What are the advantages of mediation in family law?
Mediation is often seen as better than going to Court because:
- Mediation generally costs much less than a court trial
- Issues are resolved more quickly than waiting for a Court date
- The process can be adapted to your needs
- Mediations are more relaxed and easier to navigate than Court proceedings
- The mediation atmosphere is usually more cooperative, which helps to reduce conflict and stress
Need help from a mediation lawyer? Contact us to find out more about our family law services.
Can I have a support person with me during the mediation?
Yes. You can bring a support person to your mediation. A support person may include:
- A lawyer, accountant, or other expert who can give you strategic guidance
- A trusted friend or relative who can offer emotional support
The mediator will discuss these arrangements and help structure the process to ensure everyone’s needs are met.
Need help from a mediation lawyer? Contact us to find out more about our family law services.
What are my obligations regarding mediation and resolving disputes?
Australian family laws require you to make a genuine effort to resolve your dispute, so you and your former partner must participate in mediation (with or without your lawyers) before you’re allowed to start court proceedings.
Sometimes, you may not have to comply with this obligation, for example, if:
- There are allegations or a risk of child abuse or family violence
- It’s an urgent application
- It would be unfair to require you to comply
- A previous family law application has been filed by you or your former partner in the last 12 months
- It’s an application for divorce only
- It’s a child support application or appeal
- It involves bankruptcy
Need help from a mediation lawyer? Contact us to find out more about our family law services.
If mediation is successful, can we make a formal agreement?
If you and your former partner can reach an agreement through mediation, the terms can be formalised through either consent orders or a binding financial agreement.
Need help from a mediation lawyer? Contact us to find out more about our family law services.
Get in touch
Using a lawyer in your mediation is an excellent way to help any mediation outcome meet your needs, look after your children and protect your financial future. It can help reduce stress, delays, and costs when compared with going to court.
We’re expert family mediation lawyers in Adelaide, ready to help you find a solution that fits your best interests, life, and goals. Get in touch to learn more about how mediation in family law can help you.