In Australia, mediators play a crucial role in family law proceedings, particularly in resolving disputes related to parenting arrangements and property settlements.
It may be that the parties have reached a sensible agreement to divide their assets in which case there may be no need for a mediator. But in cases where the parties are acrimonious and cannot agree to a settlement, then a trained and experienced mediator can help the parties reach agreement. In general, mediators are far less costly than having lawyers fight on your behalf.
Mediators act as neutral third parties who facilitate communication between parties in dispute. They help each party express their concerns, interests, and desired outcomes in a constructive and respectful manner.
Mediators help parties explore various options and negotiate mutually acceptable agreements. They may provide guidance on potential solutions, legal considerations and the consequences of different outcomes.
Mediators encourage parties to reach voluntary agreements rather than resorting to litigation. By fostering cooperation and understanding, mediators aim to empower parties to find resolutions that meet their unique needs and priorities.
Mediators are impartial facilitators who do not take sides or advocate for any party. They ensure fairness by giving each party an equal opportunity to voice their concerns and participate in the negotiation process.
In matters involving children, mediators prioritise the best interests of the children. They help parents focus on creating parenting arrangements that promote the well-being and development of their children, taking into account factors such as their age, developmental stage, and relationships with each parent.
Mediators may provide information about relevant legal principles, procedures, and resources to help parties make informed decisions. They may also refer parties to other professionals or services, such as lawyers, counselors, or financial advisors, for additional support or guidance.
Once parties reach a settlement, mediators may assist in drafting a formal general non-binding agreement outlining the terms and conditions of the agreement. While they can provide general guidance on legal language and requirements, the formal documentation of a settlement must be certified by 2 independent law firms to meet the legal requirements set by the Federal Circuit and Family Court of Australia (FCFCOA).
The most common and least expensive way to formally document your financial settlement is through a Separation Binding Financial Agreement (BFA). The Family Law Act 1975 sets out the requirements before a Separation BFA becomes binding.
A separation BFA in Australia is binding on the parties to the agreement if, and only if:
AussieLegal offers a range of family law services, including the preparation of Separation BFAs. We also have a DIY Binding Financial Agreement and a DIY Binding Separation Agreement, which enables you to prepare your own financial agreement and separation agreement, respectively.
However, both documents do not include legal advice and guidance from a lawyer and certification necessary to meet the Court requirements for the agreement to be binding on the parties. To ensure you can get your BFA or BSA certified, you may want to consider our Binding Financial Agreement Plus service or Binding Separation Agreement Plus service.
Call us on 1300 728 200 to discuss your situation with one of our consultants.
