When families face separation or divorce, emotions often run high, and the thought of going to court can feel overwhelming. That’s where mediation comes in. Mediation offers a practical, respectful alternative to the adversarial court process, helping families resolve disputes in a way that prioritises cooperation and reduces stress.
Under the Family Law Act 1975 (Cth), family dispute resolution (FDR) is a structured process where an independent practitioner helps both parties work toward agreement—particularly on parenting arrangements. This approach isn’t just encouraged; in most cases, it’s required before applying for parenting orders in court (see section 60I of the Act). The goal? To give families every opportunity to resolve issues amicably and avoid the emotional and financial toll of litigation.
Why Choose Mediation Over Court?
- Faster and less expensive than going to court.
- Confidential and private, with protections under the law.
- Child-focused, ensuring decisions are made in the best interests of your family.
- Flexible and cooperative, rather than combative.
Do You Still Need a Lawyer? Absolutely.
While mediation is designed to be non-adversarial, having a family lawyer by your side can make all the difference. A lawyer can:
- Prepare you for mediation, so you know your rights and options.
- Advise on legal implications of any proposed agreement.
- Ensure fairness, so you don’t feel pressured into decisions that aren’t in your best interests.
- Draft legally binding agreements, giving you peace of mind.
What Happens Next?
If mediation is successful, you can move forward with confidence knowing your agreement is fair and legally sound. If it isn’t, your lawyer can guide you through the next steps, including obtaining the required section 60I certificate (for parenting proceedings) to proceed to court if necessary.
Contact Shore Lawyers Today
Resolving disputes constructively is possible. Shore Lawyers can guide you through mediation with professional support.
Reach out for a confidential consultation and take the first step toward reaching fair, workable solutions.
