Conventional Family Dispute Resolution (Family Law Mediation) is conducted between you and your former partner, facilitated by an accredited Family Dispute Resolution Practitioner.
Sometimes in financial and property negotiations, if your situation is particularly complex, if there is a lot at stake, or you are having difficulty coming to agreement; having your solicitor present can assist you in discussing the matters at hand in a solicitor informed way.
It is important to note that you must both agree to have your solicitors present. Having both yours and your former partners solicitor present during the problem solving and negotiations phase of FDR is called Solicitor Assisted Family Dispute Resolution.
By choosing to use solicitor assisted mediation, you can take advice and discuss matters with your solicitor on the spot. You can make agreements with the benefit of their guidance that can then be filed with the Family Court.
Solicitor assisted mediation will often resolve a dispute in a fraction of the time it would take to have your disagreement dealt with through the Court or with solicitors alone; and cost many thousands of dollars. It is worth noting that to take a financial matter through the Family Court can take up to 3.5 years to reach a final agreement. Equally, using solicitors to negotiate for you, can take many months to reach agreement and cost many thousands of dollars. Mediated agreements typically take weeks not months to negotiate.
Solicitor Assisted FDR is also beneficial when there are family violence issues and you have been disqualified from using conventional mediation. It can also assist if you intend to make any agreements with your former partner enforceable court orders.
Bayside Mediation collaborates with a number of established Legal Services to provide Solicitor Assisted FDR. In some cases, we can assist you to find legal representation, or you can bring your existing solicitor. Either way, both parties are required to have a solicitor present in order for this process to occur.
Solicitor Assisted FDR is more costly than conventional mediation as you have the additional cost of your solicitor’s time included. Bayside Mediation is a private mediation service, we charge a fixed fee and each client is invoiced separately. Our fees are in addition to those of your solicitor.
Our practitioners can advise you of the fee when you make initial contact.
With 10 Years Of Bayside Mediation Experience
What is solicitor assisted mediation, and when is it necessary? At Bayside Mediation, we focus on providing out-of-court Family Dispute Resolution (FDR) services. Our staff members are not practicing lawyers but have extensive knowledge of Family Law in Australia and can offer a private, legal alternative to using a lawyer for family law matters—such as financial/property settlements. With solicitor assisted mediation we still work with both parties, we are still impartial and child focused, we are still focused on helping our clients reach an agreement. Lawyers or solicitors are present to offer support and to resolve any legal questions that arise. Solicitors can only be present if both parties agree and your mediator still manages the session. Solicitor assisted mediation is the next step if you become ‘stuck’ in negotiations, or if there is a legal hurdle we cannot overcome in mediation. Solicitor assisted mediation is another option we offer, before attending court. Our solicitor assisted mediation in Melbourne is designed for these purposes.
While solicitor assisted mediation is a service we offer at Bayside Mediation, it’s important to understand how we view this service in the context of what we do. Here are a few points of advice we typically give to clients considering mediation service where solicitors are involved:
Choosing Bayside Mediation as the place for your solicitor assisted mediation in Melbourne will give you access to our compassionate and helpful services. Here are a few things to expect from us that make us an ideal mediator:
We established Bayside Mediation in 2013 to help separating couples find a better way to settle their disputes. Whether the matter involves children or just property and finances, we can help offer private assistance that reduces the toll of the process on all parties. Contact us today to learn more about our solicitor assisted mediation.
