Family & Divorce Mediation Sydney

Resolve Family Law Disputes Without Going to Court

If you are involved in a family law dispute, there are ways to resolve your matter without going to court. Processes such as mediation and arbitration provide an alternative method of dispute resolution and are typically quicker and less expensive than court proceedings.

What is Mediation?

Mediation is a confidential, flexible method of dispute resolution. It involves the parties meeting face-to-face (or via audio-visual link) with an impartial third party, the mediator. Mediators guide discussions and facilitate communication, helping the parties resolve the dispute themselves. They encourage open dialogue but typically do not provide legal advice or make decisions for the parties.

Parties engaging in mediation should participate willingly and make genuine attempts to resolve their issues. While mediation may not always produce a full resolution, it can narrow down the disputed issues and lead to more focused and effective negotiations.

Benefits of Mediation

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Flexibility

Parties and the mediator agree on the location, date, and time, which often leads to quicker results than court proceedings.

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Less Formal

Mediation avoids the strict procedures and technical rules of evidence used in court, allowing parties to explore creative solutions.

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Relationship Preservation

Mediation can help separated couples maintain a workable relationship, which is especially important when co-parenting.

What is Arbitration?

Arbitration involves a professional, independent arbitrator with expertise in the relevant area making a binding decision. Each party presents their arguments and evidence. Arbitrators are trained legal practitioners accredited by the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM).

Currently, family law arbitration applies only to financial matters, not parenting disputes. Parties can use arbitration even if court proceedings have not started. If proceedings are ongoing, the court may refer matters to arbitration.

How Arbitration Works

Parties must agree on:

The arbitrator
The issues to be determined
The costs

The arbitration process, including document and evidence exchange

Arbitration can help reduce delays in the family court system and resolve matters faster and more cost-effectively than going to court. It can also address specific issues in complex cases, such as valuing business interests, which may lead to more productive property settlement negotiations.

Arbitration Outcomes

Decisions, called awards, can be registered with the court without initiating court proceedings or attending court. These awards are generally final, binding, and carry the same legal effect as court judgments.