By Anita Petrovic.

Mediation is a key feature at almost every stage of the family law process.

Accompanying the changes that occurred in the court system in September 2021 merging the Federal Circuit Court and the Family Court of Australia to form the Federal Circuit and Family Court of Australia was a new set of rules.

These rules, amongst other things, introduced the requirement to attend mediation in advance of lodging an application seeking property orders bringing the situation into line with that for parenting.

There are exceptions to these rules to attend mediation, including where the application is urgent and or if there are issues regarding a party’s safety in attending mediation.

At the time of the merger of the courts, the Central Practice Direction – Family Law Case Management was published restating the overarching purpose of family law practice and procedure stipulated in the Federal Circuit and Family Court of Australia Act 2021 (Cth), that being to:

“…facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.”

These pre-action procedures are designed to keep parties out of the court system and avoid the stress and costs associated with litigation, especially if there are children involved given the ongoing impacts of their parents going through litigation.

Mediation or another form of dispute resolution is also required throughout the proceedings at various stages and can be voluntarily arranged by the parties/their lawyers in an attempt to resolve the dispute before the court without recourse to expensive and uncertain court hearings.

The skills of the selected mediator can also contribute to the success of a mediation. Mediators can have an array of qualifications, some of whom, being former judges or registrars of the court or barristers and solicitors practicing in the area, can offer invaluable evaluative input and comments to the parties of their view of the potential outcomes of the matter at a court hearing to assist the parties to settle their matters.

For assistance in assessing whether and when mediation is right for your matter, contact Tiyce & Lawyers on 9211 9976, we’re here when you need us.