February 24, 2023
Mediation
Probably the most common question I hear when I first speak to a new client is “how long does family mediation take?”
While there is no guaranteed fixed time, what I can say for sure is that family mediation takes a lot less time than going through a drawn-out battle in Family Court.
So, if moving on quickly and amicably sounds good to you, then family mediation may be the best solution for your separation or divorce settlement.
But back to the question in point – how long does family mediation take – let’s breakdown how long it could take for you.
Family mediation is a most effective way for separating couples to resolve their disputes and reach a settlement without the need to go through the Family Court.
It is a voluntary process where, under the guidance of a qualified family mediator, both parties are encouraged to seek solutions suited to their specific set of circumstances
All matters pertaining to the separation and disputes may be discussed at Family Mediation. These may include financial settlement and children’s/parenting matters.
Family mediation can be undertaken at any stage of your separation, even after you have already started Court proceedings. Family mediation is by far the most popular, least costly and least stressful way of divorcing or separating.
There is no legal requirement to attend family mediation (or other forms of family dispute resolution), unless there are children involved. Then it becomes mandatory under the Family Law. The Court will not entertain an Application in children’s matters, unless alternative dispute resolution is first attempted (there are some limited exceptions to this rule).
There are cases where alternative dispute resolution may not be suitable and a Certificate will be issued allowing the case to proceed to Court. Such cases may be due to the couple being unable to resolve their disputes in mediation, or one partner refusing to participate in mediation, or there is a threat of abuse or violence in the family, making mediation inappropriate.
Family mediation is the quickest way of separating, but exactly how long that may take varies with each case. The simple answer however is that it depends entirely on you and the complexities of your disputes. The more issues you can resolve between yourselves, the quicker it will take.
At Move On Mediation we usually get matters resolved in just one session.
Either way it is far quicker than going through the Family Courts, which can take several months and, more often, several years to finalise.
Family mediation is a very simple process.
Unlike the Family Court process where each party hires and pays their own lawyers to argue on their behalf, in family mediation, the mediator offers general legal guidance to both parties, remaining neutral without taking sides, and thereby reducing the level of conflict.
By informing you of your legal rights and obligations, family mediators may make suggestions for both parties to consider, enabling you to find your own solutions to your disputes, leading to an overall settlement on which you can both agree.
Once all disputes have been resolved, the mediator will draw up a document called an agreement reached at mediation, which you can take to your lawyers for a second opinion, should you wish, before signing it and submitting it to the Court.
For the Court to grant any Order, any financial settlement needs to be fair and equitable and, if there are children involved, be in the best interest of the child,.
If you fail to reach an agreement, your matter will have to be resolved through the Court, where a Judge or Magistrate will make the final decision.
That however, may not always be what either you or your ex had hoped for.
But even if you don’t reach agreement, mediation would have still been worth the time and effort, as you can limit the issues to be dealt with by the Court, making that process quicker and less costly.
If family mediation sounds like something that could work for you and your ex, get in touch with me today for a free initial discussion about how I can help you.
Accredited Family Mediator in Perth
Ian’s commitment is simple—to help keep separated couples out of the Family Court and minimise their need for lawyers, saving them time, money and anguish. Under Ian’s guidance, separated couples are able to Move On with their lives through family mediation.
December 13, 2024
Relationships
Navigating co-parenting as divorced parents can be challenging but, with the right tools and mindset, you can create a harmonious environment for your children. Open and effective communication is the key to making this work.
September 27, 2024
Mediation
What happens after family mediation depends entirely on whether you reach agreements on all, some, or none of the issues you are seeking to resolve.
The process was so much quicker and easier than I anticipated – after everything I have heard about lawyers! And it was re-assuring for me to know how much it was going to cost at the start, not when it was all over. Thanks, Ian. I’d recommend you to anyone who wants a solution seeker and quick results.
— Bree F, Fremantle WA
Ian, your patience and persistence really helped us get to an agreement I thought we could never reach. I’d recommend you to anyone who wants to get family issues resolved as painlessly as possible.
— Michael G, Safety Bay WA
Thank you once more for your kindness, wisdom and counsel.
— Georgie N, Wangara WA
Ian worked hard to enable us to reach an agreement. He was always happy to discuss and explain everything we needed.
— Cathy & Steve, Subiaco WA