Family Law Mediation is a method of settlement, in which a qualified independent person (“the Mediator”) assists parties (typically Husband and Wife or De Facto partners) in resolving conflict and financial and/or parenting matters arising from the breakdown of a marriage or relationship. Such method can help the parties come to a resolution without the need of the Courts.
Are the agreements reached at the Mediation binding at law?
Agreements reached at Mediation are only binding if the parties wish for them to be binding. The Mediator will assist the parties to document the outcome in a “Heads of Agreement” document, which comprises both matters that have been agreed.
If the parties wish, they can redraft the agreement into a lawfully binding document on the advices of their lawyers or accountants.
What information is required for Mediation?
It is a good idea to provide the Mediator with some detail as to the issues at dispute that you would like resolved. With such information, the Mediator can then particularise for each party the exact information they will need to gather and provide at mediation, noting such information and documentation will assist discussions relating to the issues at dispute. Such documentation is required to be provided to the Mediation prior to the commencement of Mediation.