Mediation

Family Law specialist solicitors refer to Rosalin because mediation can resolve issues almost immediately and relieve the need for legal action

Mediation – Family Law (links to other articles on mediation at the bottom of this page)

The Australian Mediation Association defines family law mediation this way:

“Family dispute resolution is the name in the Family Law Act for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other. You may have reached a point where you can’t agree on issues concerning your property, children, or money. You may not be able to talk to each other at all.”

Mediation – Property and Finances

Successful mediation of property and finances rests on full disclosure of assets and liabilities by both parties, whether they are married or de facto, together a long time or relatively briefly.

De facto couples and the briefly married often misunderstand their obligations to disclose everything – investments, business interests, funds in accounts, inheritances and superannuation, as well as property and liabilities of all kinds.

Even long term married couples are often surprised and distressed to find that everything is to be considered, even financial behaviour after separation and assets owned before marriage.

Legal advice for both parties is essential before mediating these complex issues and sometimes it saves time and is of great help for parties to have their solicitors present at mediation.  Any agreements reached should be converted by your solicitor into an application for Consent Orders or into a binding financial agreement (BFA).

Here is a link to Legal Aid Queensland information to property and financial agreements.

Mediation – Workplace

Disputes in the workplace can be complex and involve more than two parties.  In addition, the employer may have an interest in the process and often is paying for mediation, so there are a number of special considerations:

  • In house mediators know the culture of the workplace but may be seen as biased toward management or aligned with one or more of the parties
  • External mediators don’t know the office politics but are often perceived as more trustworthy because they are new to the situation and not aligned
  • Employers may not be party to a dispute but have an interest in the outcome, so while the detail of the negotiations remain confidential to the parties, there is often a report to management prior to final agreement.

If you wish to investigate this subject further, here is a link to a comprehensive article in BOND UNIVERSITY (AUSTRALIA) publication ADR Bulletin called “Tips and Traps in Workplace Mediation” by Mieke Brandon (Volume 7, Number 4, Article 1)

Further Reading

Here is a series of articles you may find useful in making a decision as to whether or not mediation would be suitable for your particular problem.

Select from these following titles:

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Rosalin Primrose

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