MEDIATION and ALTERNATIVE DISPUTE RESOLUTION (ADR)

In most cases, mediation or another form of alternative dispute resolution (ADR) is a preliminary step towards reaching an agreement about property and parenting matters.

For children’s matters, the Federal Circuit and Family Court of Australia (FCFCOA) requires in most cases that the parties attend a special type of mediation called Family Dispute Resolution (FDR), which must be conducted by a qualified FDR practitioners (or FDRP) before they can make an application to the court for orders. (There are some exceptions for urgent matters.)

In property matters, an attempt to resolve the matter is required, however the law is less prescriptive about the method. Many people attending FDR will use the opportunity to mediate in relation to their property matters simultaneously. For those matters that are issued into court, one of the early court events will be a mediation or conciliation conference which gives parties the opportunity to resolve the matter on their own terms.

It is important that you are informed of your legal rights and obligations prior to attending mediation in order to maximise the chances of your matter settling at mediation. We can assist you to prepare for FDR and advise you what you are able to expect. Alternatively, we can arrange a lawyer-assisted mediation for you (either within the court process or externally) which is particularly useful for matters that are complex.

If an agreement is reached at mediation, we will assist you to finalise your agreement by way of consent orders filed with the court or a binding financial agreement as appropriate.

At Starling Family Law, we also offer the collaborative law process which is a less adversarial dispute resolution process.