Mediation, Arbitration and Family Dispute Resolution
Mediation is a process where parties in conflict are encouraged to resolve their disputes with the assistance of a neutral mediator in a confidential setting.
Mediations are becoming an integral part of modern Family Law In the right circumstances, mediation allows parties to take control of their own dispute, and find an early and cost effective outcome.
In our experience, a high proportion of parties who commit to mediation are able to reach an agreement at mediation. The chances of securing a good outcome at mediation are improved when we assist you with the following:
- Ensuring that you engage a high quality mediator within your budget
- Preparation of a high quality, comprehensive and persuasive position statement which is provided to the mediator and the other party before the mediation commences
- Representation for the duration of the mediation, with an opportunity to take breaks for confidential legal advice throughout
- If an agreement is reached, we will ensure that the whole agreement is accurately documented
Mediations for parenting or property matters generally run for 4 hours or more. It is a big cost and time investment, and in our experience comprehensive preparation will improve your chances of a favourable outcome.
Mediation offers a unique experience for parties to tailor make solutions for their parenting and property disputes that a Court cannot deliver through litigation.
Mediation can be conducted face to face, by telephone, by video, or by shuttle.
Mediation is not suitable for all matters.
Arbitration is a process where parties to a dispute present arguments and evidence to an arbitrator who makes a determination to resolve the dispute.
Presentation of evidence often occurs in a manner similar to that of a Court room - parties are generally represented by Lawyers and Barristers and witnesses are cross examined.
Arbitration is only available for property matters and is not suitable for parenting disputes.
Parties who choose Arbitration are able to avoid many of the uncertainties that come with Court based litigation. There is a greater degree of certainty about a number of factors, such as the identity and skill set of the decision maker, the time and day that the hearing will commence, and the decision must be delivered within 28 days of the evidence concluding.
Arbitration has been a part of the legal landscape for many years, but it has seen a dramatic rise in recent years as a legitimate, cost effective, time efficient alternative to court based litigation.