Category: Mediation

Family law property disputes can be emotionally and financially draining for all parties involved. In Cairns, Queensland, mediation offers a constructive way to resolve these conflicts outside of the courtroom. Understanding the mediation process, its benefits, and how it operates within the context of Queensland's legal framework is essential for anyone navigating a family law property dispute. In this comprehensive guide, we'll delve into the intricacies of family law property mediation in Cairns, Queensland, offering insights, tips, and essential information...

In the picturesque city of Cairns, Queensland, nestled along the northeastern coast of Australia, family dynamics can sometimes become complex and challenging. From issues surrounding divorce, custody battles, property settlements, and parenting arrangements, families often find themselves in the midst of emotionally charged situations that require delicate handling. In such instances, family law mediation emerges as a vital tool for resolution, providing a structured and supportive environment for parties to negotiate and find common ground. In this blog, we'll explore...

Mediation is an alternative dispute resolution process whereby an experienced practitioner, former judge or barrister assistsparties to negotiate reachinga satisfactory outcome. Unlike litigation, the outcome of the mediation session is shaped by the parties’ expectations and positions, rather than rest in the hands of a judge or registrar. Mediation is a confidential process unless the mediator reasonably believes that disclosure is necessary to protect a child or person from the risk of harm, amongst other exemptions.- Family Law Mediatio What...

[caption id="attachment_17184" align="alignright" width="300"] Mediation and Dispute Resolution in Family Law Matters in Cairns[/caption] Mediation and Dispute Resolution in Family Law Matters in Cairns, Australia Family law matters can be emotionally charged and complex, often requiring a delicate approach to resolve conflicts and disputes. In Cairns, Australia, mediation and alternative dispute resolution methods have gained prominence in addressing these issues. By offering a more collaborative and less adversarial approach, mediation provides families with a means to reach fair and mutually...

We are heading into uncertain times The impact of the war in Ukraine and the affect on our economy The high cost of living Rising interest rates Inflation How is this affecting me? Am I able to financially care for my family?  How is this affecting my partner and my family's relationship? Is the stress too much to bear? Hopefully, there is a solution But what if it becomes too much and causes a breakdown in your relationship with your...

For a Successful Mediation  Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court.  Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.  Attending the Mediation  The mediator prior to the mediation is selected by either or both of the parties and is a qualified, independent, and impartial third party.  The parties which are in dispute must attend the...

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? [caption id="attachment_12266" align="alignright" width="374"] Mediating‌ ‌Parenting‌ ‌Matters[/caption] The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation and made a genuine effort to resolve the dispute;  To confirm both parties attended mediation but one party did not make a genuine...

How to avoid court? Alternative dispute resolution. Maintain a working relationship with your former partner after separation, especially if there are children For the sake of your family, especially your children, after a separation, it is important, if at all possible to do so, to maintain a working relationship with your former partner alternative dispute resolution. If only for a short period of time to help negotiate a resolution of financial and children’s issues. Seek a resolution of such issues...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

What is a Parenting Plan? A parenting plan is a plan which puts the best interests of the child first. It is your and your partner's commitment to your children and their future. A parenting plan is a written agreement between parents under practical issues of parental responsibility. What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending...

Do Grandparents Have Legal Rights in Australia? Grandparents rights qld in Australia: The Family Law Act states the importance of children having a relationship with grandparents and other significant family members. Although The Family Law Act ( GRANDPARENTS EXTENDED FAMILY ) does not give Grandparents rights to see their grandchildren, it does provide the right to seek Court Orders which would allow them to spend time with the children. In some situations, the orders sought from the Court may include an...

Who Is Responsible For Payment of School Fees and Extra-Curricular Activities Post Divorce? A major concern amongst parents who have children under their care is the payment and costs associated with extra curricular activities. As sport, music, dance, and other similar activities are popular with children of all ages, the costs associated with these can be quite significant over a long period of time. Unlike child support payments which are determined upon set criteria and formula, non-periodic payments associated with...

What Is Family Law Mediation All About? Family law mediation is becoming an increasingly more recognisable term when it comes to matters of family law Brisbane. But what exactly does mediation entail and do you even require it? How is mediation really going to help? Let's discuss this in more detail. Mediation is all about problem-solving and finding agreeable solutions when it comes to all matters pertaining to separation, divorce and child custody arrangements. [caption id="attachment_10599" align="aligncenter" width="642"] What Is...

Top 10 Matters to think about when separating Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget for your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider. Do you have enough income to pay for your expenses and those of your...

What is The Parenting Bill? A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts). A vast majority of matters heard in the Family Courts involve unrepresented parties. They do not, in the main, have the knowledge or ability to fully...

Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist.  Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator.  I have observed legal professionals acting as mediators and have observed...

How to avoid the Court and the conflict that this entails? Overcome the conflict. Use your best endeavours to overcome the conflict. For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner.  Seek professional help to acquire these skills....

“Why should I support my wife/partner after we separate when I actually supported her and provided all our assets throughout our entire relationship.” Unfortunately, you may have a continuing financial obligation to your former partner. The Family Law legislation provides the basis for a Court determining the financial relationship of parties after separation. The relevant factors taken into account are: Length of relationship The longer the relationship the greater the interest of the other party in the assets acquired during...

Want Separation? Do Negotiation, Collaborative Practice, Mediation to resolve all the issues arising from a separation We want to separate. Where do we go from here? It's very important to do negotiation, collaborative practice, and mediation before separation. Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and if there are children, the arrangements which they wish to make and put in place for the children’s future. When couples...

Family Law Arbitrators: Charles Noble and James Noble are proud members of the National body for family law arbitrators and mediators know as AIFLAM. The Institute of Arbitrators and Mediators Australia promotes the attractions of mediation and arbitration as a means of dispute resolution amongst both practitioners and the wider community. Taken from the aiflam website: Aiflam History In 1988 the Family Law Council presented its report ‘Arbitration in Family Law’ to the Commonwealth Attorney-General. The report recommended the establishment of an arbitral...