Family Parenting and Financial Mediation & Conciliation

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Mediation is a type of resolution process which uses a a mediator to help you reach a mutual agreement in your financial or parenting family law disputes. These types of mediators are known as Family Dispute Resolution (FDR) Practitioners. Unless exceptional circumstances apply, family dispute resolution is a necessary step before the commencement of Court proceedings. Mediation can also occur after Court proceedings have started. 

To find out whether family dispute resolution or mediation is right for you, contact one of our family law experts for an initial free discussion.

What Is Mediation for Family Parenting?

Mediation for family parenting disputes, also known as family mediation, is designed to assist separated or divorced parents in making decisions about the care and upbringing of their children. It aims to help parents resolve disputes as smoothly as possible while avoiding Court intervention, to create workable parenting environments and child-focussed outcomes. 

During mediation, everything you say is confidential and cannot be used as evidence in Court. However, some limited exceptions apply, for example if the child is at risk of abuse or if there is a health threat to one of the individuals involved.

Benefits of family parenting mediation are:

  • Neutral facilitation. A trained mediator remains impartial while discussing the needs and upbringing of the children; 
  • Focus on children’s interests. The primary focus is always on the best interests of the children. Mediators engaged by Lionheart Lawyers are experienced in handling the most difficult of circumstances and capable of assisting parties resolve the most complicated parenting disputes;
  • Legally binding agreements. Once both parents reach an agreement, it will be formalised by Lionheart Lawyers into a legally binding document known as consent orders, which can be submitted to the Court for approval.

Once you and your ex-partner come to an agreement, we will assist you in preparing and finalising the terms of the financial agreement or consent orders. If an agreement is not reached, then the next step in most situations is to file a Section 60I Certificate. This is a document required to commence Court proceedings in parenting disputes, unless exceptional circumstances apply.

Experienced Accredited Mediators

At Lionheart Lawyers, we work with highly qualified and experienced Family Dispute Resolution (FDR) Practitioners. The choice of mediator is important and we will always consider your circumstances and desired outcomes when putting forward our mediation recommendations. We work with mediators accredited with the Commonwealth Attorney-General’s Department as a Family Dispute Resolution Practitioner (FDRP) and other recognisable bodies such as the Australian Institute of Family Law Arbitrators and Mediators. 

When preparing for your mediation, we listen carefully to your concerns, take detailed instructions as to your desired outcomes, and carefully examine the material relevant to your dispute. This includes a complete and thorough understanding of the assets, liabilities and financial resources of the parties, your future needs, the needs of your children, and any risks to you or the children.With this information, we will put together a mediation brief to present to the mediator to ensure that you have the best possible chance of achieving your desired outcome. We will also ensure you are shielded from any potential inequality in bargaining power. Throughout the mediation process, we will assist the mediator with facilitating a resolution of the dispute by:

  • Focussing on the main issues;
  • Workshopping practical solutions that work for the parties;
  • Making appropriate legal submissions.

Family Dispute Conciliation Services

In most instances, following the commence of proceedings, the Court will direct that the parties participate in a Conciliation Conference. A Conciliation Conference provides an opportunity for parties to work with a Judicial Registrar to make a genuine effort to settle your dispute.

At Lionheart Lawyers, our expert family lawyers will assist you in preparing for your Conciliation Conference. This may include:

  • Appointing independent expert valuers (such as property and accounting experts) to undertake valuations of property, businesses and other financial interests in trusts, companies or superannuation;
  • Requesting and examining all of the financial disclosure material (including taxation returns, bank statements, pay slips, financial statements and loan documents) provided by your ex-partner;
  • Issuing the necessary subpoenas to third parties to discover material not made available as part of the financial disclosure process; and,
  • Taking your detailed instructions as to all matters relevant to your past and future finances and the children (if applicable).

With this information, we will prepare a Conciliation Conference Document which details your proposed desired outcomes.

During the Conciliation Conference, we will put your best case forward to the Judicial Registrar and your ex-partner and will negotiate with your instructions to achieve your desired outcome. Once a resolution is achieved, we will prepare and finalise the necessary paperwork to bring the dispute to an end.

Mediating Family Parenting & Financial Disputes

While family parenting and financial disputes are never easy, engaging the help of a mediator or conciliator can result in an agreement suitable for all parties, including any children.

Benefits of informal resolution of disputes include: 

  • Quick. A meditated outcome often results in an early resolution of disputes;
  • Cheaper. If a dispute can be resolved through mediation, the costs of preparing and running a trial can be avoided; 
  • Certainty. You control the outcome of the dispute and may customise it to your needs;
  • Less stress. Mediation is less formal and less intimidating than appearing in Court; 
  • Confidentiality. Mediation is private;
  • Finality. Settlement agreements can usually only be modified with the agreement of all parties.

If you are going through any family parenting or financial disputes, contact our excellent family lawyers today on (02) 9299 0112. We offer free initial consultation services and can answer any questions. 

Seeking Expert Legal Advice in Family Law?

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We’ll Fight for You

Lionheart Lawyers are leaders in providing clear and concise legal advice and solutions. We take the time to understand your circumstances and offer tailored and customised advice and services to achieve your optimal outcome.

Our premium legal services are delivered by a team of highly qualified and personable professionals with more than 50 years of collective experience.

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Seeking Expert Legal Advice in Family Law?

Contact us for a free consultation.

Trusted Family Law Experts

Charbel Azzi

Legal Practitioner Director

Nazih Touma

Legal Practitioner Director

Majed Issa

Accredited Specialist Director

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