Why Mediation
Family Matters - Property Settlement - Workplace Mediation
With the introduction of the new Federal Circuit and Family Court of Australia Act, 2021 (FCFCoA, 2021), released on the 1st September 2021, the focus on resolving disputes, separation, divorce, property settlement is primarily by mediation. Not all matters can be resolved by mediation, but mediation is now the first step in dispute resolution unless concerns for safety require an immediate Court decision.
The FCFCoA Act and Rules 2021 has set a whole new approach and in the words of the Chief Justice of the Family Court, William Alstergren, new rules and new expectations. Gone is the adversarial, aggressive approach lawyers take to resolving differences and most importantly, the aim of the new Act is to reduce trauma to families and extended families and reduce the huge legal fees associated with separation and divorce by using mediation rather than engage in expensive legal battles.
As Anne-Marie Rice stated in her acceptance speech after being named the 2018 WLAQ Leneen Ford AC Woman Lawyer of the Year, "Conflict can be resolved without Combat". Ms Rice, as a strong proponent of mediation is Executive Director of Dispute Resolution of the Federal Circuit and Family Court of Australia.
In my own words, the Family Court is now a Court of Mediation, and going to court is to be a last resort. The overarching purpose of the new FCFCoA Act and Rules 2021 is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible. Furthermore, in the Family Law Case Management requirements, it is stated that all attempts to resolve disputes by mediation must be carried out, until exhausted, before filing for a court hearing.
So here we are. We are here to help mediate towards reaching an agreement which is acceptable and affordable to both parties.