Family Property Settlement Mediations

Randal Binnie utilises the latest online processes to provide you with a way of progressing though the mediation process at your own pace and reducing your costs by enabling you to provide online information about your assets and liabilities.

The process is described in a nutshell below.

1. MAKE AN APPOINTMENT

How you start your separation process is probably the most important decision you will make.  Don’t make the mistake of thinking you need to go to court!Its your choice – conflict over many months or years, costs of anywhere from $30,000 to $100,000 or more to get to a trial process.

2. GATHER INFORMATION

Once an agreement is reached to mediate you will receive an email with a link to a program which will help each of you provide all necessary information regarding your family law property settlement matter.

Complete it at your own pace or let the mediator help you. This information will be used by the mediator to determine the property pool, what your relative contributions and future needs may be and to then compare the information you have both provided – showing what may be agreed and what needs to be discussed and resolved.

3. START THE MEDIATION

Now you are ready to start the mediation process which can be undertaken in the same room as your partner and the mediator, in separate rooms, or by video conferencing.

The mediator will be able to demonstrate the proposals you have both made and then assist you both to resolve your financial property settlement issues.

There are enormous costs savings through this process as opposed to litigation in the courts and in addition your relationship is unlikely to be diminished or harmed.

  • First

  • Now you have started something worthwhile

    Gather Information

    Very simple process of gathering what information is needed at the first meeting together.

  • Lets talk and make proposals

    Time to start the resolution process.

    You will be able to see clearly on a screen the impact of how your assets may be divided in accordance with proposals you both make.

Family mediation of property and other financial issues (e.g. child support)  issues is a cost effective and timely method of resolving family law property settlement disputes, whether proceedings have already been commenced in the Family Courts or before there is any lawyer involvement. Family Mediation is not a “soft” road to agreement and should not be embarked upon with a view to encouraging a party to reach agreement in circumstances which could be best described as “intimidation” due to lack of information.

However, if there are no lawyers assisting the parties in family mediation it is important that both parties have previously obtained  legal advice as to their entitlements under the Family Law Act and also the law in relation to finalising property matters under the Family Law Act.  Whilst family mediation provides an avenue of reaching an agreement in a non-legal environment, the parties must be in a position to make their own informed decisions armed with appropriate legal advice.  Don’t forget that you are empowered by the mediation process to make your own decisions regardless of the advice you might receive, in other words you can make your own “fair” agreement.

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Self determination is the key and aim of family mediation

In addition to legal advice, the parties need to be fully informed as to the financial situation of each of them.  Often one party does not know the financial circumstances of the other party.  Again, the aim of mediation is to resolve disputes but the resolution reached must be by an informed consent obtained with the parties having a full knowledge of the the financial circumstances involved.

Disclosure of financial circumstances involves each party having access to the documents necessary to provide an informed position from which to launch into effective mediation and negotiation.  Randal will ensure that the financial circumstances of the parties are “laid on the table”.  Disclosure of relevant documents is important and should be available at the request of any party before and during the mediation process.  It is a matter for the parties to the mediation as to the level of disclosure of relevant documents.  There are times when both parties are fully appraised of each other’s and their joint financial position and they don’t require disclosure of financial documents.

At the end of the day the parties to a property settlement mediation are able to reach any agreement they wish, regardless of the provisions under the Family Law Act.  However, that act of self determination must result from an informed decision.

Mediate and resolve your property settlement disputes with the assistance of your solicitor, or if you prefer without any legal representation at the time of the mediation.  You will, however, benefit from and need appropriate legal advice before and possibly after the mediation process.

Randal can assist you in documenting your agreement either in non-binding heads of agreement or assisting you in drafting either a financial agreement or consent orders to be filed in the Family Court.  Alternatively, you may engage your own lawyers to document the outcome based upon the written heads of agreement.

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Randal Binnie

Professional Family Mediator | Accredited Family Law Specialist

I invite you to contact me to schedule an appointment.

Randal Binnie, a leading Brisbane Mediator, is a partner of:

family lawyers