Family Dispute Resolution
What is a Family Dispute Resolution Conference?
Family Dispute Resolution Conferences or Mediations allow you to have greater control and certainty over your agreement or outcome. This is in contrast with an outcome imposed by the Court. A high percentage of parenting and property settlement disputes resolve at a mediation.
The Family Law Act
The Family Law Act provides that parents or other parties to a parenting dispute, must participate in family dispute resolution (FDR) – section 60I. There are certain exemptions to this compulsory dispute resolution, such as family violence. Contact Parry Coates Family Law for more information and guidance about family dispute resolution and any exemptions which may apply to your individual situation.
In a parenting dispute, generally an application cannot be made to the Court without the parties participating in family dispute resolution. There may be circumstances when we attend your family dispute resolution mediation with you. For example, if the mediation is organised by the lawyers as opposed to a mediation arranged by the parties themselves.
Similar to a parenting dispute, the Court in a financial dispute will not allow a matter to be listed for a trial unless the parties have participated in and made a genuine effort to resolve their dispute by mediation or dispute resolution conference..
Understanding the Mediation Process
At Parry Coates Family Law, we understand the mediation process and the preparation required to ensure your family dispute resolution and/or mediation is valuable.
Our nationally accredited mediators will:
- Prepare a schedule of the assets, liabilities and superannuation benefits to understand the net property pool;
- Collate your financial documents and arrange for mutual financial disclosure. Please see the Duty of Disclosure brochure released by the Family Court of Australia.
- Liaise with the other parties’ solicitor to ascertain whether experts are required to value any property. For example, real property or businesses;
- Liaise with your accountant and/or financial advisor to determine the existence of taxation or CGT implications arising on the division of certain assets;
- Conferencing with you to determine your ideal outcome and assess, with your accountants, whether this outcome is achievable. Preparing ‘draft’ terms of settlement based on our discussions – having a working document ready to finalise the matter;
- Attending the mediation with you.
What if we can’t agree at Mediation?
There are mediations where an agreement is not obtained. If this occurs, we do not take the view that the mediation has therefore been a waste of time and resources.
During the mediation, information has been provided and the other parties’ case has been outlined. We are in a better position to further assist you in gathering together the necessary evidence to counter argue the other parties’ case and strengthen your case.
“Thank you both for being firm, caring and keeping me realistic and focused during my difficult time. I know without you both I would not have done so well!”
“Parry Coates made my settlement much easier than I thought it could be and I was very comfortable with the final outcome. Your communication throughout the process was fantastic, with no false promises, simply what should and would happen.
"Rebecca is very professional and understanding. Her experience in family law gives you confidence and support during a very difficult time. I highly recommend her."