Lets move forward,
No fuss, no complications.
Whether you are attending a FDRS Mediation, have already obtained an agreement or are getting close to an agreement with the other side, DG Family Law provides practical legal advice and peace of mind to work together.
It is common for our clients to feel confident in taking the next step after the first consultation with our office. DG Family Law cuts through the noise and focuses on what is most important to get things done.
If you feel a bit stuck or feel anxiety about negotiating your family law settlement, we invite you to call our office today for a no obligation, confidential chat. We believe that family law issues are best sorted out together.
Let us help you today.
I just wished if I could have started my journey with Joshua, things
would have been a [lot] less painful.
... stop wasting your valuable time and money with other Law firms.
~ direct quote from another satisfied client.
Lets find a way to move forward.
DG Family Law will assist you to navigate the path toward agreement with your ex- and avoid the pitfalls of protracted correspondence, litigation and the deterioration of broader family relationships that occurs in the absence of an agreement. While advocating for your rights is important, we believe that advocating for you and your family is better.
Am I required to Mediate?
Do I need to participate?
With mediation, you get to decide on the final arrangement (not be told by a Judge) with assistance at a fraction of the cost of conventional litigation.
If you want to file Court proceedings for a parenting matter, you are required to show that you at least tried to mediate with the other side. Typically, you will evidence this by provision of a s60i Certificate.
If you want to file Court proceedings for a property matter, you are not required to meditate. However, considering the costs of Court and the nature of litigation, we would recommend that you at least consider mediation before filing Court proceedings.
Even if you file Court proceedings, it is standard practice for the Court to require the parties to engage in a private, legally-assisted mediation after the first Court date. The entire Court process is designed to assist the parties to work together.
Family Dispute Resolution Service (FDRS) Mediation is a service designed to assist families to negotiate and address their issues in a quick and cost-effective manner.
A FDRS mediation will typically resolve in a matter of weeks or months, where typical litigation will reosolve in a matter of months or years. Imagine the difference this could make to your bank balance!
While litigation often destroys goodwill and trust between the parties, a FDRS mediation typically encourages respectful communication and supported negotiations. This is especially important if you need to continue a co-parenting relationship with your ex-partner.
We recommend that you speak to a family law solicitor before attending mediation to ensure that you understand your rights & responsibilities and can commence the mediation feeling prepared and confident.
If your ex- initiates mediation and you refuse to attend, a notice may be issued by a FDRS practitioner as evidence. Similarly, if you attend the mediation and do not make a 'genuine effort' to resolve your dispute, the other side will then have a proper basis to file Court proceedings.
If you are reluctant to engage or do not engage at a mediation, the other side may seek for you to pay their legal costs by order of the Court. This is not something that anyone wants.
Although you are effectively required to participate in a mediation, we would recommend that you see it as an opportunity to address the issues in dispute with support to have a constructive conversation about your children and property.
If you are not sure what to do, we recommend speaking to a solicitor to advise on your situation and help you to move toward resolution at your earliest convenience.
After Agreement, what
is the next step?
If we do not agree,
what is the next step?
What if there is
We recommend that you proceed to formalise the agreement when it is made to avoid needing to renegotiate the same subject matter in the future.
In terms of a property settlement, you can either seek Consent Orders or a Binding Financial Agreement. Generally, if there is nothing controverisla regarding the agreement, it is best to seek Consent Orders. If there is something unusual about the agreement, generally we would recommend that you seek a Binding Financial Agreement.
In terms of a parenting/ children's matter, you can either agree on a (non-binding) parenting plan or parenting orders (by Consent). Many parties will initially draft and commit to a parenting plan on an interim basis, while they request the assistance of a solicitor in the mean time to draft Consent Orders.
If the parties have not had the assistance of legal representatives, ther may be gaps or ambiguities in the agreement which may cause issues in the future. We recommend that you requrest the assistance of a family law lawyer before you attend the mediation!
It depends. There are different pathways to take in every matter, depending on your particular case and your particular interests.
If you attended the mediation and made progress, but need more time, we would recommend that you consider scheduling another mediation date to finalise your negotiations.
If you attended the mediation and you were unable to resolve some intractable problems, we would recommend that you discuss your next steps with a solicitor. Perhaps there might be some steps to take before resorting to litigation.
If it was clear that your ex- did not attend or was not participating, we would also strongly recommend that you speak with a solicitor. It would seem that litigation is the best step to take in the circumstances.
Alternatively, depending on what you are seeking, you could decide to take no further action. As you can tell from this response, it is difficult to answer the question in the abstract!
Please do give our office a call on the details below and let us assist you to move forward with your matter today.
Family violence is defined broadly to include any behaviour that is used to control, threaten, force or dominate a family member through fear.
If there is an intervention order in place, many FDRS mediation practitioners will not allow a mediation to proceed. If this occurs, you could enlist a private mediator or a family law solicitor to assist you.
If you are feeling worried about your safety, there are many different ways that you can engage in a mediaiton, whether that be an online mediation (via Zoom or other online means) or a shuttle mediation (where the parties stay in physically seperate meeting rooms during the mediation).
If you would like to engage in mediation but feel unsafe or you are concerned about the prospect of family violence, we encourage you to raise these concerns directly with your family law solicitor and your relevant governemnt support workers (as may be applicable).
We understand your desire to feel safe and move forward.