the court expects parties to give serious consideration to attend a private mediation style conference
From 9 April 2012 in financial cases where all the parties are legally represented, the court will expect of parties to give serious consideration to attend a private mediation style conference. Failing to use private mediation may result in substantial delays for the parties.
On the other hand, if parties and their lawyers attended a mediation style conference but failed to settle their financial matter, their court proceedings may be “fast tracked” to a trial. Mediation style conferences aim to assist parties involved in a Family Law property dispute to negotiate a mutual satisfactory resolution to their dispute. The conference is chaired by a legal practitioner specifically trained to conduct mediation style conferences. The parties, their lawyers and the mediator conduct the mediation in a joint session with the parties having the opportunity to identify issues, exploring options and discussing settlement.
The process is confidential – all the parties, their lawyers and the mediator are prevented from disclosing the contents of the discussions and proposals addressed at the conference, unless specifically authorized to do so at the mediation. It is envisaged that parties who have separated and need to reach a property settlement, but have a few stumbling blocks with negotiations would also benefit greatly from attending a mediation style conference, and hopefully thereby alleviate the need to commence Family Court proceedings altogether.
Should you require any more information about mediation style conferences, our mediation services and/or your Family Law matter in general, please contact one of our Family Law lawyers
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.