Find Lawyers in Brisbane, Australia for Family Law Mediation
Practice Area Overview
Family law mediation is an integral part of the family law system in Australia. In parenting matters, the process is also known as family dispute resolution.
Family law mediation is usually a non-judicial process which assists people going through separation or divorce to resolve some or all of their disputes with each other. An independent mediator (or dispute resolution practitioner) helps guide participants to reach a decision.
The role of the mediator is to work with the parties to help identify issues, explore alternatives, and generate options to assist the parties to jointly resolve the dispute, and to make decisions about future outcomes and actions.
The family law system in Australia requires parties to make a genuine effort to resolve their parenting and financial disputes before they can commence proceedings in the court system.
Parenting matters
Before parties are able to file an application for orders in relation to children, they must obtain a certificate from an accredited family dispute practitioner, stating that they attended, or made a genuine effort to participate in family dispute resolution. Parenting cases involving family violence, child abuse or urgent matters are exempt from this requirement.
Financial matters
For financial matters, the Family Court’s pre-action procedures require parties to participate in dispute resolution (which can include mediation), before they are able to file an application. Similarly, parties wishing to commence financial proceedings in the Federal Circuit Court are encouraged to resolve issues they don’t agree about before filing any applications.
Summary
Irrespective of the requirements under the rules of court, family law mediation presents as a practical means by which former spouses may endeavour to resolve parenting and property matters via negotiations; a cost and time effective alternative to litigation.
Geoff Sinclair
Barry Nilsson
Select a location from the list below to find the best legal talent for your needs.
Alison is a Partner of our Family and Relationship Law practice who works exclusively with HG Private clients. Alison specialises in complex property and other financial matters arising from relationship breakdowns. She also advises on international family law matters, such as international financial matters and international issues relating to children, including relocation and child abduction. Alison is an Accredited Specialist (Family Law), registered Arbitrator under the Family Law Act an...
Geoff is a Partner and co-manages our Family and Relationship Law practice. He is also a lead Partner of our HG Private practice. Geoff is recognised internationally as one of Australia’s leading family and relationship lawyers. His specialisation includes international family and relationship law, relationship agreements, prenuptial agreements, representation of third parties and high net worth individuals, trusts and property disputes and dispute resolution (particularly arbitration)....
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.