Family Mediation & Dispute Resolution

Professional Family Dispute Resolution in Sydney

No one wants a complicated and lengthy separation, especially when children are involved. Family dispute resolution helps keep your separation or divorce out of Court, prevents costly litigation, and assists in managing intense emotions during difficult times.

During our years of practice, Invictus Legal has guided families of all backgrounds through the family dispute resolution process, helping to resolve conflicts related to family law matters such as divorce, child custody, and property division.

Meet with one of Sydney's best family mediation lawyers by contacting Invictus Legal today.

What is Family Mediation and Dispute Resolution?

Family mediation and dispute resolution are forms of alternative dispute resolution (ADR) used to help separating couples manage and resolve disputes regarding their divorce, child custody, living arrangements, and the division of assets. Family dispute resolution is a broader term encompassing a range of processes, including mediation, negotiation, and arbitration.

People refer to 'mediation' in many different ways. It can be as informal as having a friend or family member helping to talk through issues in dispute, or it can be a formal process involving a professional mediator. Under Australian family law, separated parents are required to attempt Family Dispute Resolution before applying to a family law court for parenting orders, with certain exemptions.

How Family Dispute Resolution Helps Families

At Invictus Legal, we understand how emotionally intensive a separation or divorce can be. In our experience, this process becomes even more draining when you and your partner cannot amicably agree on important issues. Our family mediation lawyers will work closely with you and your ex-partner to:

• Facilitate effective communication — Mediation provides a structured environment for parties to communicate and constructively express their concerns and interests. Our family mediation lawyers facilitate the conversation and ensure that each party has the opportunity to be heard.

• Identify key issues — Your mediator will help identify the issues causing friction between you and your partner, encouraging you to find alternative solutions. By understanding your interests and concerns, the mediator can recommend options that meet both of your expectations.

• Negotiate a resolution — Once you have developed options for resolving the issues, the mediator helps you negotiate a final resolution. The mediator does not make decisions for you but instead facilitates the negotiation process and helps you communicate effectively with each other.

• Promote cooperation — Mediation can help promote cooperation between the parties and encourage you to work together in the future. By cooperating to reach a mutually acceptable agreement, you may be more likely to comply with the terms of the agreement and avoid future disputes.
  

The Roles and Responsibilities of a Family Mediation Lawyer

If you and your partner choose to separate or divorce, several factors must be considered, from child support to who will remain living in the home. Our team at Invictus Legal regularly deals with these matters and possesses extensive experience in all aspects of family law. Here's how we can assist you:

• Professional legal advice — Our family mediation lawyers provide tailored legal advice regarding the family law issues in dispute, including child custody and child support, spousal maintenance, property division, and more. We help you understand your legal rights and obligations and provide guidance on negotiating a fair and equitable agreement.

• Confident representation — We are more than comfortable representing you and your wishes during mediation, either by attending mediation sessions on your behalf or by providing advice behind the scenes.

• Mediation facilitation — In some cases, our mediation lawyers may also serve as the mediator, helping the parties in a dispute communicate effectively and work towards a mutually acceptable agreement.

• Drafting legal documents — Once a settlement agreement is reached, our family mediation lawyers will draft the documents necessary to finalise the agreement. Our diligent team will ensure that the agreement accurately reflects the terms negotiated during the mediation and is legally binding and enforceable.
  

Benefits of Family Mediation

Staying out of Court allows you to remain in control of the process and your future. Mediation is flexible and can avoid the duplication (and costs) that litigation brings. In Australia, more and more separating couples are opting for court alternatives to tailor solutions to their particular family law circumstances.

Invictus Legal offers competent and caring registered Family Dispute Resolution practitioners that facilitate a cooperative approach towards reaching agreements. If an agreement is not possible, our family dispute resolution practitioners are registered to issue s.60I certificates so that you can file an Application in Court.

If a dispute can be resolved through mediation, it will be significantly less expensive than having to go to court. The cost of FDR depends on the provider and may be free for eligible people. Private providers set their own fees, which can vary. Community-based family law services have a standard fee policy based on income levels and capacity to pay.

When to Start Family Mediation with Your Partner

While family mediation can be started at any time when there is a dispute related to your separation or divorce, there are some situations where it may be particularly beneficial to start family mediation sooner rather than later:

• When issues first arise — It's often best to start mediation early on in the dispute before things become too entrenched and emotions run high. Early intervention can help parties communicate more effectively and reach a mutually acceptable agreement.

• When both parties are willing to participate — Mediation requires the participation of all parties involved, so both you and your partner must be willing to engage in the process. If one party is unwilling to participate, mediation may not be effective.

• When there is a desire to preserve relationships — Family mediation is often used when parties want to work together to preserve the relationship. This is often the case when separating couples must learn to co-parent.
  

The Family Dispute Resolution Process

Once someone engages an FDR practitioner, the practitioner will usually invite the other person to a mediation session. The practitioner will advise the other person that if they don't attend the mediation, the practitioner may need to issue a certificate so that the first person can make an application to a family law court.

The FDR practitioner will assess if FDR is suitable for the family situation. This includes considering issues such as family violence, safety, equality of bargaining power, risks to children, the emotional and psychological health of participants, and any other issues that they think may make FDR unsuitable.

During the mediation, the FDR practitioner will help to identify the issues that need to be resolved and encourage each party to listen to the other's point of view. The FDR practitioner will try to keep each person on track and focused on the children. Ideas and options will be shared with the aim of coming up with workable solutions that are in the best interests of the children.

Fostering the Best Interests of the Child

When parents disagree over various aspects of their separation or divorce, keeping the child's well-being at the forefront of the discussion is crucial. Even in high-intensity situations, both parties need to make decisions that represent the child's best interests, regardless of their own preferences. This can include things like the child remaining in the family home to avoid disrupting their lifestyle or to ensure they remain close to their school.

Child-Inclusive Family Dispute Resolution

In some cases, the best and most amicable resolution to resolving issues involving children is to communicate with the children directly. While not as common, this procedure is called child-inclusive family dispute resolution.

Child-inclusive family dispute resolution is a process where children's voices are heard, and their views and preferences are considered in the mediation process. A trained professional meets with the child or children separately to discuss their thoughts and feelings about the dispute and shares any potential agreements that may be reached.

Sometimes, a mediator will include children in the mediation if they are of an age or maturity that is suitable to the proceedings. Other models of mediation can be 'child-inclusive', with a child consultant that talks with the children and provides the child's views back to the parents during the mediation.

After Family Dispute Resolution

Once an agreement is reached, it can be recorded as a parenting plan. This must be in writing, dated, and signed by both parents. It can include mechanisms to change arrangements and resolve disagreements. Parenting plans can be renegotiated over time if necessary.

Sometimes agreement may not be reached at the time of the mediation. Sometimes an agreement can be made in an informal process after the FDR session.

When Family Dispute Resolution is Unsuccessful

If the mediation is not successful for whatever reason, an accredited Family Dispute Resolution practitioner can issue a certificate to allow an application to be made to a family law court. The certificate is called a 'Section 60I certificate' and can only be issued by an accredited Family Dispute Resolution practitioner.

A Section 60I certificate can also be issued if FDR is not appropriate for the particular situation. This could mean there are concerns about family violence, the safety of the parties and risks to children, the ability for each party to be able to negotiate, or other issues the practitioner feels are relevant.

Why Choose Invictus Legal for Family Mediation

Invictus Legal prides itself on hiring only the best and brightest family law lawyers. We understand that our clients are entrusting us with the responsibility of safeguarding their future, and we do not take this duty lightly.

Our team has decades of experience using their superior understanding of family law legislation to give families the confidence they need during life's most vulnerable moments. Our indispensable legal guidance has also given us the privilege to serve as court-appointed independent children's lawyers.

Contact Invictus Legal Today

Navigating separation and divorce can feel like an uphill battle. From countless documents to fill out to lengthy conversations with your ex-partner regarding your assets, having legal assistance at your disposal is not only recommended; it's critical.

Invictus Legal is an experienced Sydney family law firm that can confidently represent you and your rights during mediation. Our divorce mediation lawyers are highly skilled in mediation and strive to reach an amicable resolution while preserving your rights and satisfying the courts.

If you would like your matter taken care of by one of our talented Sydney mediation lawyers, please get in touch with us today.

Disclaimer: The information provided on this website is general information only and does not constitute legal advice. For legal advice tailored to your specific circumstances, please contact Invictus Legal directly.