Lawyer-assisted mediation is a cost-effective and child-focused way of resolving issues that have arisen from the break-down of your marriage or de facto relationship.
What is lawyer-assisted mediation?
Lawyer-assisted mediation is mediation where both parties are represented by their respective family lawyers at the mediation. The mediation is conducted by a qualified family dispute practitioner or an accredited family law mediator.
Like conventional mediation, the process is voluntary, informal and confidential.
Lawyer-assisted mediation offers an opportunity for separated parties to resolve their matters without the need to go to Court. In circumstances where a parenting or property matter is in court, the judge may order that the parties attend a lawyer-assisted mediation.
What are the pros of lawyer-assisted mediation?
A lawyer-assisted mediation has many pros including:
• You and your ex-partner set the agenda items (this means that you choose what issues or concerns you wish to discuss;
• It is a private and confidential forum. No-one will know or hear what is said in the mediation, other than you and your ex-partner and lawyers and mediator.
• You can identify and narrow the issues that are causing difficulties.
• You can agree to settle some issues and re-visit other issues at another mediation.
• The process is quick. There are no lengthy court delays or wait times.
• You and your ex-partner control the process.
What are the cons of a lawyer-assisted mediation?
Although the pros definitely outweigh the cons of lawyer-assisted mediation, it is important to be aware of the risks of mediation. The biggest difficulty with mediation is that there is no final decision-maker. Either you and your ex-partner reach agreement and co-operate or you find other ways to finalise the issues, which may mean going to court.
Lawyer-assisted mediation may take some time to reach agreements and you may need to attend a few sessions before you and your ex -partner find a middle ground.
General Information – Lawyer-Assisted Mediation
Lawyer-assisted mediation is a viable and time-tested way of resolving issues that have arisen from the break-down of your marriage or de facto relationship.
The process looks to the future and assists separated couples to move towards resolving their matters.
It is always preferred that you and your ex-partner make a genuine effort to reach agreements when it comes to your parenting or property matters. Going to Court is often a last resort for most people.