Parties often attend family law mediation as an opportunity to try and resolve their family law dispute whether it be custody matters, property distribution or child support matters. However often parties can be confused as to the role of the Mediator in family law mediation and their part in assisting the parties in reaching a resolution.
The greatest misconception by parties is that the Mediator will provide the parties with legal advice. They will not. The Mediator must remain neutral and therefore will not advise either party as to the legal merits of their case. The Mediator’s prime role is to facilitate the family law mediation process in a way that enables both parties to effectively identify the issues in dispute and assist with generating options that might resolve these issues.
It can be hard for parties to talk to each other about things that concern them even when lawyers are involved. Family Law Mediation is designed to be a safe space where each party has an opportunity to raise things they may not have been able to before. In the process of finding common ground that may not be apparent from the outset, the Mediator assists the parties in crafting a unique solution that is best for the family’s circumstances.
Discussions during family law mediation are confidential. This means a party can be open and honest with the Mediator and the other party and not have to worry that such discussed matters will be used against them in Court proceedings. It is when both parties take this open and honest approach in family law mediation, that a resolution becomes a likely outcome.
For more information, visit our page on Family Law Mediation.
If you would like further advice or information in relation to family law mediation, contact our office on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au to speak to one of our family lawyers and mediators.
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
