Why Mediation
Why Mediation? - Family, Property & Workplace Dispute Resolution
The Federal Circuit and Family Court of Australia Act 2021 (FCFCoA 2021), which came into effect on 1 September 2021, fundamentally changed how family disputes are resolved in Australia. Mediation is now the first and required step in resolving separation, divorce, property settlement and parenting matters — not an optional extra.
The Chief Justice of the Family Court, William Alstergren, was clear: the adversarial, court-first approach is gone. The overarching purpose of the new Act is to resolve disputes "as quickly, inexpensively and efficiently as possible." Before any court application can proceed, parties must demonstrate that all reasonable attempts at mediation have been exhausted — unless there are urgent safety concerns such as family violence or child abuse.
As Anne-Marie Rice, Executive Director of Dispute Resolution at the Federal Circuit and Family Court of Australia, said after being named 2018 WLAQ Leneen Ford AC Woman Lawyer of the Year: "Conflict can be resolved without combat." That principle is at the heart of everything we do at PM&C.
In practical terms, the Family Court has become a court of last resort. Mediation is where disputes are meant to be resolved. PM&C is here to help you do exactly that — reaching an agreement that is fair, affordable and lasting, without the cost and trauma of litigation.
Mediation through PM&C offers:
- Significantly lower cost than legal proceedings
- No long court waiting times
- A confidential, informal and non-adversarial process
- Reduced stress, anxiety and trauma for all parties
- Outcomes that the parties themselves control
- Post-mediation support and counselling
Contact:
📞 0419 220 135 ✉️ info@positivemediation.com.au
ABN: 35 768 053 706