These approaches not only help in reducing costs and stress but also promote a spirit of cooperation, allowing parties to reach amicable agreements that reflect the best interests of all involved, especially children.
Understanding mediation
Mediation is a confidential, flexible, and voluntary process where a neutral third party (the mediator) helps disputing parties communicate and negotiate to reach a mutually acceptable agreement. Mediation can be used to resolve a broad range of family law issues, including property division, child custody arrangements, and spousal support.
Benefits of mediation
- Cost-effective: generally, mediation is less expensive than going to court.
- Faster resolution: mediation can resolve disputes more quickly than the traditional court process.
- Confidential: unlike court proceedings, mediation is private and confidential.
- Control: parties have more control over the outcome, as agreements are mutually negotiated.
Collaborative law explained
Collaborative law is another form of dispute resolution where each party hires their own lawyer trained in collaborative law practices. All parties agree to work together respectfully, honestly, and in good faith to negotiate a settlement without going to court. If the collaborative process fails, the collaborative lawyers withdraw, and parties must hire new lawyers for litigation, providing a strong incentive for everyone to reach an agreement.
Mediation vs. collaboration
Mediation involves a neutral mediator who does not provide legal advice but facilitates discussion to help parties reach an agreement.
Collaborative Law involves each party having a collaborative lawyer who provides legal advice and helps negotiate an agreement collaboratively.
How we can help
At Parker Coles Curtis, our experienced mediators and collaborative lawyers guide you through these processes, ensuring that your voice is heard and your rights are protected. We can help you:
Choose the right process for your situation
- Prepare for mediation or collaborative negotiations
- Negotiate effectively to reach a satisfactory agreement
- Finalise and formalise agreements
FAQs
Is mediation or collaborative law right for me?
If you seek a cost-effective, private, and amicable resolution to your dispute, these methods could be suitable. They are especially beneficial for parties willing to work together to resolve their issues.
Can agreements reached through mediation or collaboration be legally enforced?
Yes, agreements can be formalized and made legally binding through consent orders or binding financial agreements.
What if we can't reach an agreement?
If mediation or collaborative law does not result in an agreement, litigation may be necessary. However, the majority of cases are successfully resolved through these alternative methods.
Why chose us for mediation and collaborative law?
- Expertise: our accredited mediators and collaborative lawyers are skilled in navigating the complexities of family disputes.
- Client-centered approach: we prioritise your needs, striving for resolutions that benefit you and your family in the long term.
- Commitment to resolution: our focus is on finding the most amicable and effective resolution to your dispute, keeping your matter out of court when possible.
Embrace alternative dispute resolution
Choosing mediation or collaborative law can offer a more positive, cost-effective way to resolve your family law dispute. At Parker Coles Curtis, we're dedicated to guiding you through these processes, ensuring a resolution that aligns with your best interests and those of your family. Contact us to explore how mediation or collaborative law can provide a pathway to a peaceful resolution of your dispute.
Debra Parker – bookings with a mediation specialist
Accredited as a Family Dispute Resolution Practitioner, Debra is passionate about mediation and a more collaborative approach to help clients to resolve matters outside of court and has completed thousands of mediations throughout her career. She understands that sensible solutions deliver the best outcomes for everyone involved. Debra is regarded as one of the leaders of the legal profession by colleagues as recognised by the National Doyle’s guide to the best lawyers in the country which gives her ‘preeminent' family law status in the ACT and ‘leading’ status as a mediator. She is the only lawyer in Canberra with a Specialist Accreditation in two areas (family law and dispute resolution). With an 80% sucess rate for mediation, half and full day mediation bookings are offered to clients via our website.
