At Salerno Law we encourage and assist you to resolve your matter with the other party by agreement. Mediation is a fast and cost effective alternative to litigation. Mediation is the process where the parties to a dispute meet with a neutral third party (the mediator) to assist them to make agreements and resolve the issues in one meeting.
Is Mediation Confidential?
Mediation is confidential and the information shared between the parties during mediation cannot be used in court. The mediator is skilled in working with both sides to the dispute. They assist parties to listen to each other, identify the issues, explore options, and make offers.
We assist you to prepare for your mediation and can attend the mediation with you. There are different kinds of mediators, and our Family Lawyers at Salerno Law can suggest the right mediator for your matter. Once agreements are made we can prepare a parenting plan, consent orders or a binding financial agreement. Our Family Lawyers at Salerno Law can advise you about the differences and the legal advantages and disadvantages of each option to avoid further disagreements and litigation.
Can I settle my matter in Mediation?
You can settle all matters through the process of Mediation, you do not need to have your family law matter heard before the court. For parenting matters it is best to mediate with a Family Dispute Resolution Practitioner or (FDRP). FDRP’s are registered with the Attorney General’s Department, they are qualified and accredited mediators and can provide you with the compulsory certificate required to file a parenting application in court.
During the mediation, parties are required to make a genuine effort to reach agreements with each other. After parenting mediation, you will receive a certificate called a section 60I certificate if you attend, if you do not attend, if you do or do not make a genuine effort or if the mediator has found that the process was not suitable for your matter. The court can have regard to the kind of certificate you receive and may make orders accordingly, or a costs order against you, for example if you failed to attend. Our Family Lawyers at Salerno Law can assist you in preparing for your mediation. The mediator will expect that you have obtained legal advice prior to participating in the mediation process.
There are some exemptions to participating in meditation before filing for parenting orders. Our Family Lawyers can advise you about these and file the correct documents with your application. One reason that you may be exempt from participating in mediation is if you have been affected by family and domestic violence.
For property matters, mediation provides an opportunity to both parties to save time and the cost involved in litigation. At Salerno Law we have worked with our clients to achieve results by engaging the right mediator for your matter. Property mediators may be FDRPs, Barristers and even previous Magistrates of the Court. Your property mediator will have insight as to how the court may view your matter and will assist the parties with a ‘reality check’ as to their claims and proposals. Our Family Lawyers at Salerno Law will advise and assist throughout the process and provide your case outline for the mediation day.
Mediation provides our clients at Salerno Law an important opportunity to resolve all matters by agreement. This saves time and cost, and most importantly decreases the stress that comes from a prolonged and protracted dispute.