Family Law Mediation

Family Law mediation is a form of alternative dispute resolution whereby an impartial third party helps those involved in a parenting or property dispute to reach agreement. Although often between two former partners, disputes may involve extended family members. A mediator will listen to each party and help to identify the points of contention, in addition to the needs, aims and options involved in resolving each Issue.

Family Law mediation should take place in a safe and comfortable space. The goal is to reach a just and equitable agreement without the time, stress and expense of court proceedings.

To make an appointment for Family Law mediation in the Hunter Valley, please get in touch today.

Your family mediator should help you to reach a parenting or property agreement by exploring workable options for resolution that are in the best interests of your child. Acting as a neutral third party, the mediator will ensure the discussion stays on track, despite any intense emotions, clashing viewpoints and communication challenges.

To do this, they will assist you in pinpointing the issues at hand and encourage both parties to consider the other’s opinion. As the aim of Family Law mediation is to help parties reach consensus on their own terms, your mediator is not allowed to make a determination for you nor approve any agreement reached.

Solicitors play a vital role in mediation, ensuring that the key elements of your position are understood and ensuring that any agreement reached is in your best interest.

As an NMAS-accredited mediator, Joplin is highly-experienced in facilitating Family Law mediation. To make an appointment in a setting that will empower you into the future, please get in touch today.

As your mediator, Joplin will explain the mediation process to you and any lawyers you have engaged before it begins. You will be requested to provide an opening statement, which should provide a brief overview of why you have agreed to attend the mediation and what you aim to achieve.

During mediation, Joplin will encourage both parties to discuss the issue through a respectful and structured process. You will also be able to take breaks with your lawyer in a private room. This time will give you an opportunity to let the information from the joint session sink in, and for you to deliberate your options.

If you reach an agreement, your lawyers will give you advice on the most effective way to document its terms, as well as any subsequent actions required of each party.

To make an appointment for Family Law mediation in the Hunter Valley, please get in touch today.

In Australia, mediation is mandatory before applying to the Federal Circuit and Family Court of Australia for consent orders. To do this, you will require a certificate from an accredited mediator that verifies your participation in Family Law mediation. This applies to all applications, even those requesting updates to an existing parenting order.

The only exceptions are listed below:

• Cases where domestic and family violence is a factor;
• Emergency circumstances where urgent orders are required;
• A party is unable to attend effectively (for instance, due to physical location or mental incapacity); or
• A party has breached a court order issues in the past 12 months.

If you are unsure whether you need to attend Family Law mediation, Joplin is here to answer any questions you may have. Please get in touch to make an appointment.

No, you do not have to be in the same room as the other party during mediation. Often, both parties begin mediation in the same room, before moving to separate rooms at some point during the process. However, all mediations are different and a shuttle mediation is always an option in all mediations. The whole point of mediation is for you to be comfortable to resolve your matter.

Joplin will always discuss your options for delivery with you before beginning mediation to ensure you feel comfortable and able to express your opinions. If at any point you feel intimidated or unsafe, the Joplin Lawyers team will take immediate measures to ensure you are protected.

Yes, your child may attend a mediation session in some cases. This will depend on whether the child is of an age or maturity that is appropriate for the discussion at hand, and if their presence will encourage or hinder negotiations. These are called Child Inclusive mediations and must be agreed by all parties and facilitated by a Child Inclusive mediator.

Yes. Everything you say during a mediation session will be kept strictly confidential for your privacy and protection. The information is not admissible in Federal Circuit and Family Court of Australia.

The only exception is in the case of preventing a crime or threat to someone’s life or health. For example, allegations and confessions of child abuse may be used as evidence in certain circumstances.

Typically, a mediation session can take anywhere from a few hours to several days. This is only a rough estimate, as the duration of Family Law mediation varies depending on the complexity of the matters in question and the intensity of your dispute.

Often people think they need to get it all done in one day. However, sometimes it is just not that easy and parties need to consider their position, obtain further legal advice or think about the previous mediation. That’s why Joplin encourages you to be open to further mediation if your matter requires it.

If you are unable to reach an agreement through Family Law mediation, then you can pursue your matter through the Federal Circuit Family Court of Australia. In this case, Joplin is accredited to issue a Section 60I certificate to permit you to apply for proceedings. You will then enter the court process.

Importantly, a Section 60I certificate can be issued if mediation is not a suitable course of action for the specific circumstances. For example, there may be concerns about domestic and family violence, you and your child’s safety, and/or the ability of each party to express their true feelings and desires in such an environment.

Your Section 60I certificate will state one of the following reasons for court proceedings:

• The other party failed to attend mediation;
• You and the other party attended but one or both of you would not cooperate;
• You and the other party attended mediation and genuinely attempted to resolve the dispute but were unable to reach consensus;
• The mediator deemed your case inappropriate for this method of dispute resolution; or
• The mediator determined it was not appropriate to continue your case with mediation.

No. Any agreement reached through Family Law mediation is not legally binding. However, if you would like to formalise your agreement, the team at Joplin Lawyers can help you to file a consent order in the Family Court.

A consent order is a legal document that details the agreement made and is submitted to the court for review. Once approved and issued, consent order’s terms will be legally binding and come into effect. That means you can enjoy peace of mind that your property or parenting arrangements are protected by law – all without having to step foot inside a courtroom.

For more information on consent orders, please get in touch to make an appointment.

Yes, it is possible to obtain financial assistance for Family Law mediation through Legal Aid. However, you must meet the eligibility criteria to receive this support.

As a Legal Aid panel solicitor, Joplin can help you to determine whether you qualify for this government grant, prepare the application on your behalf and deliver any mediation and legal services you require thereafter. To learn more, please get in touch and make an appointment.

*According to the 2019 ‘Parenting arrangements after separation’ Evidence Summary by the Australian Institute of Family Studies.