Family Mediation Lawyers - Dispute Resolution Lawyers
In accordance with the Family Law Act 1975, it is imperative for all parties involved in family law litigation, particularly in parenting matters, to take genuine steps towards resolution. Our experienced family mediation lawyers ensure compliance with these requirements, as mandated by the Court.
A s60i certificate recognizing attendance or attempted mediation with an accredited family dispute resolution practitioner is essential for any initial application. Even in property matters where no prescribed procedure exists, the parties must still demonstrate genuine efforts for resolution before resorting to litigation. Trust our team at Greigs Legal to guide you through this process effectively.
There are some instances where the requirement of mediation/family dispute resolution may be excused. They are as follows:
- Where the matter is urgent;
- Where there Court is satisfied that:
- There has been abuse of a child or family violence by one party;
- There is a risk of family violence;
- There is a risk of child abuse if there was a delay.
- Where one party is unable to participate effectively in mediation; and
- If your application relates to a contravention of Orders made in the past 12 months.
Benefits of Mediation / Family Dispute Resolution
Effective Dispute Resolution in Family Law Matters
Mediation, a vital component of our services as family mediation lawyers and dispute resolution lawyers, offers numerous advantages in resolving disputes related to family law matters.
Through facilitated discussions and negotiations, our experienced mediators ensure that each party has an opportunity to express their concerns and be heard. Unlike formal court processes, mediations are often conducted in an informal setting, fostering open communication.
Even if a final resolution is not achieved, mediation narrows down the issues in dispute. Our skilled family lawyers at Greigs Legal leverage their expertise to diligently pursue resolution, minimizing costs and delays.
Importantly, parties retain control over their matter, and decisions are made solely through mutual agreement. Trust us to guide you through the mediation process effectively.
Considerations of Mediation / Family Dispute Resolution
Understanding the Limitations
While mediation and Family Dispute Resolution FDR offer valuable benefits, it's important to be aware of their limitations:
- Non-binding Agreements: Due to the informal nature of mediation, any agreements reached are not legally binding on individual parties. A mediator's role is to facilitate discussion, not make decisions on behalf of the parties.
- Voluntary Participation: Mediation is a voluntary process, and no party can be compelled to attend. It requires the willingness and cooperation of all parties involved.
- Potential Delays with Funded Mediation: If you are funded by legal aid or choose to engage in mediation through a publicly funded provider, there may be significant delays due to the high demand for these services.
After Mediation: Steps to Formalize Agreements
Although mediation is not legally binding, there are methods available to formalize and bind the agreements reached. Consider the following options:
- Parenting Plan: Create a comprehensive plan outlining the arrangements for child custody and visitation.
- Binding Financial Agreement: Establish a legally enforceable agreement that addresses financial matters, such as property division and spousal support.
- Consent Orders: Obtain court-approved orders that solidify the agreements reached in mediation and make them legally binding.
Parenting Plan: Formalizing Care and Custody Arrangements
A parenting plan is a written document that outlines the agreed-upon arrangements for the care, living arrangements, and time spent with the children. This document is signed and dated by all parties involved. While there is no specific format required for a parenting plan, it serves to document the agreement.
It's important to note that a parenting plan, although formalizing the agreement, is not legally enforceable. In cases where parties encounter ongoing disagreements or difficulties in adhering to the agreed terms, the next step is to seek consent orders from the Court.
In case the parties involved in a parenting plan encounter ongoing disagreements or face challenges in adhering to the agreed terms, the recommended course of action is to seek resolution through the Court by applying for consent orders. This legal process ensures that any disputes or difficulties are addressed and provides a formal framework for enforcing the terms of the parenting plan.
Binding Financial Agreement
A binding financial agreement is a formal document that sets out the terms agreed between the parties for the distribution of assets where the parties seek a property settlement. This document, when prepared in the proper form is legally binding and enforceable.
A binding financial agreement does not involve attending Court or making any application to the Court and is a private process. Given this, it is a faster and often more cost effective process to have a binding agreement for property settlement.
At Greigs Legal, our experienced team of lawyers can provide comprehensive assistance in drafting, negotiating and finalizing your binding financial agreement ensuring a smooth and efficient resolution to your property settlement matters.
Consent Orders: Formalizing Agreements with the Court for Parenting and Property Matters
An application for consent orders can be made to the Court to formalize any agreement made between the parties. Consent orders can be made for parenting and property matters.
The parties must convince the Court that the agreed Orders are just and equitable in property matters. In parenting matters, the parties must demonstrate to the court that the live-with and spend-time arrangements are in the best interests of the child/ren.
It is often the case that where the parties make an application for consent orders, there is no need to attend court. Where this occurs, the application is considered and granted in chambers.
However, in the unlikely event your application needs to be heard in Court, our family lawyers at Greigs Legal will be by your side to convince the Court that the proposed agreement is just and equitable and, in the best interests of the child/ren.
Expert Mediation and Dispute Lawyers in Sydney
When it comes to resolving family law matters, trust the expertise of our mediation and dispute lawyers. At Greigs Legal, we specialize in providing effective and comprehensive solutions to help you navigate the complexities of family disputes.
Our team of experienced lawyers is skilled in mediation techniques and dispute resolution strategies, ensuring that you receive personalized support throughout the process. Whether your case reaches a resolution through mediation or requires further legal steps, we are here to guide you every step of the way.
Contact our skilled mediation and dispute lawyers in Sydney today to discuss your family law concerns. With our extensive experience and expertise, we are equipped to handle a wide range of cases and provide effective solutions tailored to your specific needs. Whether you are located in Gregory Hills, Picton,Marrickville, Kogarah or any other area in Sydney, our dedicated team is ready to guide you through the complexities of your family law matter.
