If you are facing a family law matter and want to avoid the cost, delays, and adversarial nature of court proceedings, family law mediation offers a constructive and increasingly recognised alternative.
It comes as no surprise that the increasingly litigious nature of Family Law matters has placed an unprecedented strain on the Family Law Court. Ongoing delays and backlogs, along with the fact that litigation is often overwhelming, frustrating, and costly, has led to an increase in alternative dispute resolution methods such as family law mediation across Australia.
Family law mediation is now a preferred option that is being used widely within the Family Law Courts. Courts will order parties to attend mediation in the majority of matters that come before them, prior to hearing matters and making decisions for the parties.
What Is Family Law Mediation?
Family law mediation is a process whereby the parties involved in a family law matter are assisted by a family mediator to help resolve their issues. A family mediator typically listens to the parties and helps to identify the disputed issues, as well as the needs, goals, and options available to sort out each issue. The aim of family mediation is to assist the parties to reach an agreement, if an agreement is appropriate in the circumstances.
What Is a Family Mediator?
A family mediator is an independent, accredited professional who facilitates discussion between parties in a family law dispute. Their role is to guide the conversation in a way that is structured, neutral, and focused on resolution – helping each party identify what matters most to them, understand the other party’s perspective, and work towards a mutually acceptable outcome.
It is important to understand that a family mediator does not make decisions for the parties. This is what distinguishes mediation from arbitration. Rather than imposing an outcome, the family mediator creates the conditions in which parties can reach their own agreement, with the assistance of skilled facilitation.
What sets Coleman Greig’s family lawyers and mediators apart is that each of our mediators also practises exclusively as a family law solicitor. This dual expertise means they bring not only professional mediation skills to the table but also a deep, practical understanding of how family law matters are resolved through the courts – giving parties a realistic and informed framework within which to negotiate. For matters where mediation does not resolve all issues, our team can also assist with family law arbitration as an alternative pathway to a binding decision.
Benefits of Family Law Mediation
Family law mediation has a number of significant advantages over court proceedings, which is why it has become the preferred starting point for resolving disputes in family law and mediation practice across Australia.
Family law mediation is:
- Faster
- More cost effective
- Confidential
- Promotes the interests of the parties
- Empowers the parties
- Flexible and more informal
When Can Family Law Mediation Be Used?
Parties in family law and mediation matters can participate at any time, either before initiating court proceedings or while proceedings are already underway. Family law mediation can help the parties to reach an agreement on:
- Property disputes
- Parenting disputes
- Spousal maintenance
- Interim property matters
- Child support issues
- Contravention and breaches of existing orders
- Issues relating to the implementation of orders
- Disagreements over issues relating to parental responsibilities such as passports and overseas travel involving children, school enrolment, and medical issues relating to a particular child. This can include instances when parties already have court orders in place
The Family Law Mediation Process
Understanding what to expect from a family mediation service can make a significant difference to how prepared and confident parties feel going in.
Before the mediation takes place, we recommend that each party attends a pre-mediation conference with one of our accredited family mediators. This is an opportunity for the mediator to explain the process in detail, outline what to expect on the day, and identify any preparation or documentation required beforehand. The pre-mediation conference also gives each party a chance to ask questions and raise any concerns in a private setting before the joint session begins.
On the day of mediation, the family mediator opens the session, invites each party to outline their perspective, and then works through each disputed issue in a structured and neutral way. Parties may move to separate rooms at any point during the session to allow for private discussions between a party and their legal representative. If agreement is reached on some or all of the issues in dispute, the mediator can assist the parties in documenting the terms of their agreement, which can then be formalised into legally binding court orders.
Throughout the process, all discussions remain confidential. Nothing said in mediation can be used as evidence in subsequent court proceedings, which encourages open and genuine dialogue between the parties.
The Role of Legal Advice in Family Mediation
A question many people have when considering family mediation is whether they need a lawyer present, or whether they should be seeking legal advice at all. The answer, in almost every case, is yes.
While a family mediator facilitates the process neutrally, each party is strongly encouraged to obtain independent legal advice from their own family law mediation lawyer before and after the mediation session. A family mediation solicitor can help a party understand their legal rights and entitlements, assess whether proposed settlement terms are reasonable in the context of the law, and ensure that any agreement reached is appropriately documented before it is formalised.
Having independent legal advice does not undermine the mediation process. In fact, parties who are well-informed about their rights and the realistic range of available outcomes tend to engage in mediation more effectively and are more likely to reach durable agreements. Coleman Greig’s mediators work collaboratively with parties and their family law advisers to ensure the process is as productive as possible for everyone involved.
Our Family Law Mediation Facilities
Our spacious and comfortable mediation rooms in Parramatta can be reconfigured in size, ensuring that all parties and their legal representatives are equipped for a day of family mediation or arbitration. There are rooms for the parties to break out during the mediation to allow for private discussions to occur. Our family law mediators are also happy to travel to other locations if required, or alternatively, can organise for mediation to take place online.
Our Accredited Family Law Mediators
Coleman Greig provides a professional and accessible family mediation service specifically for family law matters. Our mediators are all fully accredited through AIFLAM and are Accredited Specialists in Family Law through the Law Society of New South Wales. By also practising as lawyers exclusively in the area of family law, each of our family law mediators is highly skilled and experienced in this field, ensuring they are well equipped to mediate across all types of family law matters. Coleman Greig offers family law mediation services to interested parties either prior to, or following, the commencement of proceedings in the Federal Circuit and Family Court of Australia.
Speak With a Family Mediation Lawyer Today
If you are considering family mediation services as a way to resolve your matter, the right first step is to speak with one of our accredited family law mediators to understand whether mediation is suited to your situation and what the process would involve for you.
Coleman Greig’s family mediation lawyer team is available for an initial discussion, with both online and in-person appointments available across our offices in Parramatta, Norwest Baulkham Hills, Penrith, and Sydney CBD. Whether you are at the very beginning of a family law matter or already in the middle of proceedings, it is never too early or too late to explore whether mediation can help you reach resolution more quickly and with less conflict.
To book an appointment or make an enquiry:
Phone: 1300 738 660
Email: mediation@colemangreig.com.au
You are also welcome to contact us directly or visit Our Locations to find your nearest office.
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
