Mediation

Do you wish to resolve your family law matter without going to court?

Mediation gives you the opportunity to resolve you family law issues without the need for expensive litigation.

What is Mediation?

The vast majority of disputes, including legal disputes, are resolved by negotiation between the parties involved. One method to negotiate a solution to a dispute is to engage a mediator who will ensure that each party puts his/her side of the story and encourages parties to come up with a solution, an outcome.

One definition, among many, of mediation is:

Mediation is a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision. – Mediator Standards Board (MSB)

What is the Role of a Mediator?

The mediator does not make decisions and does not generally advise about possible outcomes. The parties involved in the dispute should come up with their own solutions.

Mediators do not advise upon, evaluate or determine disputes. They assist in managing the process of dispute and conflict resolution whereby the participants agree upon the outcomes, when appropriate. – MSB

Mediation and the role of a mediator is a separate discipline from the law, mediators do not have to be lawyers however many practicing and retired lawyers, including judges, become accredited as mediators and may be engaged by parties to assist to resolve a dispute. Mediators with other backgrounds, knowledge and skills, for example psychologists, may be engaged to mediate in a family law dispute about children or a specialist engineer in a building dispute.

Should you choose mediation as the first step in your family law process Elringtons family mediators can assist you. Mediation is generally:

Cheaper
Quicker
More flexible

than resorting to litigation and produces outcomes that are generally more acceptable to all parties.

Do I need a lawyer for mediation?

You can choose to engage in mediation – either with or without a lawyer. It is open to parties to approach a mediator who will mediate or arbitrate the dispute between the parties without lawyers. Such an approach is best suited to simple matters where parties are generally in agreement on the parameters of their dispute. More commonly, parties attend mediation with their lawyers. Their lawyers are able to distill the relevant legal and other issues, and to assist the mediator in a more structured approach to the resolution of the dispute.

Do I have to be in the same room as the other party?

Carlos Turini is a Director at Elringtons and a Nationally Accredited mediator. Carlos is chair of the Alternative Dispute Resolution Committee for the ACT Law Society. He has also been an Accredited Specialist in Family Law since 1995.

Carlos is committed to pursuing the best possible outcomes for our clients. In the first instance we will attempt to solve your matter quickly, fairly and inexpensively through mediation and negotiation without resorting to taking your matter to court.

Fore more information:

If you have any questions, please contact our Accredited Family Law Specialist Carlos Turini

e: cturini@elringtons.com.au | p: 02 6206 1300

or Contact our Family Law team on: 02 6206 1300