Family Mediation
Family mediation can help resolve difficult disputes. To find out more about this process, speak with a family law solicitor specialising in mediation at Michael Lynch Family Lawyers in Brisbane.
Resolving a family dispute isn’t always easy. Relationship breakdowns are filled with conflict, and you may find yourself deadlocked in disagreement. If you and your partner have recently separated, we can help speed up the settlement process through family mediation.
What is Family Mediation?
Family mediation involves you and your former partner sitting down with an independent third person (a mediator) for the purpose of discussing the legal issues of your settlement. It is important to understand that mediation is not counselling. The mediation process gives you both the opportunity to set out your proposals, consider options and attempt to reach a mutual agreement.
What Issues Can Mediation Help Resolve?
Mediation can deal with all sorts of conflicts. These are some of the most common disputes dealt with in family law mediation:
- Property settlements
- Parenting plans
- Intergenerational conflict
- Child support disputes.
Family mediation does not always result in a settlement of all issues. However, it can be useful in helping you understand where the other person is coming from. If you’re unsure whether the conflict you’re dealing with is suitable for family mediation, contact us. Our family law solicitors can provide you with specialist advice and help you decide the most appropriate method of negotiation.
What is the Family Mediation Process?
Choosing to undertake mediation is relatively simple. The process involves the following steps:
- Speak to your solicitor and decide if you would like them to be in the mediation with you.
- There are different mediation styles, the most common are either ‘roundtable’ or alternatively, ‘shuttle’ mediation. You should speak to your family lawyer to decide what style would best suit you.
- Upon meeting with the mediator, both parties are taken through the Agreement to Participate in Family Dispute Resolution (this sets out the guidelines for participation in the mediation).
- Both parties are asked to describe the issues that need resolving. Their unique perspectives are taken into consideration during this step.
- Using the issues described by each party, the mediator creates an agenda.
- Each issue on the agenda is discussed. Both parties are allowed to discuss their concerns while also suggesting resolution options.
- If both parties can come to an agreement, that agreement should be documented. It is a question for each situation as to how best to document and who should prepare it.
What are the Benefits of Family Mediation?
Taking a family dispute to court is often a drawn-out and expensive process. Compared to going through the legal system, family mediation can save you time and money. Court fees tend to escalate quickly, whereas mediation is much more affordable. Scheduling just one court hearing can take months, so if you’re looking for a quick resolution, family mediation may be a more appealing option.
Family mediation also gives separated couples the chance to find common ground, allowing them to resolve disputes before they get too heated. This can be especially beneficial in cases involving children.
Family Mediation FAQs
Q. Are there any disputes that are not suited to family mediation?
A. Family mediation is not suitable where there are issues of domestic violence or where a ‘power imbalance’ exists between the parties.
Q. Does the mediator have the power to decide the most appropriate resolution?
A. It is not the mediator’s role to make final decisions. It is their job to oversee the process and facilitate negotiations. They cannot overrule any party involved in the mediation.
Q. Do I have to attend family mediation?
A. Not if you don’t want to. Family mediation is voluntary.
Q. Can I request a private meeting with my mediator?
A. Separating couples may not always feel comfortable raising certain issues in front of their former partner. For this reason, it is possible for either party to request a private session with their mediator. It should be noted that the most common form of mediation is the ‘shuttle’ conference, where parties are in separate rooms and don’t see each other.
Q. How do I prepare for mediation?
A. Make sure you understand what the process involves. You should also seek legal advice and understand what the legal issues are and what your position is in relation to them.
Q. Is family mediation confidential?
A. Any information offered during a family mediation session is usually confidential. It can only be used elsewhere if you give permission or if the information discloses a risk to someone else.
Q. Where does family mediation take place?
A. You can either undertake family mediation in a Family Dispute Centre or a private mediation, at a location of your choosing.
Speak to One of Queensland’s Largest Family Law Firms
If you need assistance with arranging mediation, contact our family law firm in Brisbane today. Our lawyers can help protect your rights and responsibilities during the mediation process. This will ensure you achieve optimal outcomes, allowing you to move forward with your life.
Client Testimonials
Many thanks for your assistance – life is now great – I’m moving on.
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Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
My solicitor is a good listener. My documentation maintained the high moral ground.
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.
Your newsletters are great, I appreciate them.
My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.
You, guys, provide extraordinary service.
Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.
I was always confident that I was getting the very best advice.
I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
Michael is very personable and very good at covering the material and explaining the strategy.
Michael Lynch Family Lawyers know what they are talking about.
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
I liked my solicitor keeping things as simple as possible.
I like your friendly service and the ability to speak to my solicitor directly.
Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
Your staff is knowledgeable, professional and very calm.
Michael Lynch Family Lawyers are easy to deal with, and your systems are good.
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
I appreciate my lawyer’s professional approach and her being on top of my situation.
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
So pleased to have had a good, sound and knowledgeable firm.
At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!
I would like to thank your firm for the support and compassion shown while dealing with my matter.
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.
Your team’s communication with me was exceptional, I knew exactly what was happening.
We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.
Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.
I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.
I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.
My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
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