Dettmann Phair Lawyers Mediation
Dettmann Phair Lawyers | Mediation
Mediation is an important part of the divorce process, as it can help to avoid the extra costs that accompany taking a case to court. Mediation is a term defined as helping a couple or a family through a dispute by providing outside perspective and advice.
This is largely the same in a legal context, with mediation involving a family lawyer helping to bring a dispute to settlement. Disputes often arise due to family law issues which can range from the dissolution of a relationship to the mediation of parenting matters.
The legal system encourages mediation, or Family Dispute Resolution (FDR), to be attempted initially to find a settlement. If mediation fails, the matter can then proceed to court.
Why Is Mediation Necessary?
Mediation is considered a pre-condition before taking a matter to court. It is significantly less expensive to have a family lawyer advise you and help to settle a dispute than it is to go to court. Going to court can be time-consuming and drawn out which can make an emotionally charged situation worse than it has to be.
Independent FDR practitioners are trained to work in family dispute environments and remain neutral throughout the process. They aim to help provide settlement solutions for the disputing parties, to end the dispute with fair outcomes without having to take the matter to court.
How Long Will It Take?
There is no set time frame for the mediation process as every situation is different. Some disputes only involve two parties but may involve a complex matter. Some may involve entire families. Every case has different circumstances and this will determine how long the process takes.
How Does Mediation Work
A family member or party involved in the dispute will engage with the family lawyer, who will then invite the involved parties to a mediation session. From here, an FDR practitioner will assess the situation, looking at the emotions involved, assets, property, children, and psychological and emotional damage of the parties.
All of these factors are considered before determining a legal-based solution. The parties can agree to the solution, or continue the dispute, in which further solutions are suggested to help finalise the matter.
After you have lived apart for 12 months, you can file for divorce. In this case, you require certain documents, including:
IN WHAT CIRCUMSTANCES SHOULD YOU USE MEDIATION?
Mediation can be used for a variety of purposes, including:
- Property disputes
- Asset distribution
- Child custody
- Child support
- Disputes involving parental responsibility
Why Choose Dettmann Phair Lawyers?
Our principal family lawyer, Damian Phair, is an accredited family law specialist with over 20 years of experience in the field.
Damian Phair strives to use his skills to go the extra mile for each of his clients. With his experience comes his unique ability to understand how a divorce, property settlement and parental conflict can impact a family’s situation and use this ability to empathise and develop the best solution for all parties involved.
Heading a team of highly skilled family lawyers, Damian gives every single case his attention and input to ensure the best outcome every time.