Why Mediation can be better than going to Court
25 August 2014
Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an “out of court settlement” can be achieved even in difficult, complex or emotionally charged cases.
A well conducted mediation in a family law dispute can provide a mechanism whereby the dispute can be resolved with each party still having a degree of control over the end result. Once a case is in Court before a Judge at a Final Hearing, the warring parties hand over control to the Judge and the Judge will impose a result. The Judge, after hearing the evidence in a case, will usually take some time (which could end up being months) to consider his or her Judgment.
When the Judge hands down the judgment, it may be a result which neither party thought was possible. No lawyer can guarantee what decision a Judge will make. The only guarantee in Court Litigation in Family Law disputes is that it will cost each party a great deal of money and involve a great deal of anxiety, due to the uncertainty of the result.
Clients sometimes want to go to Court based on a moral principle of “not letting the other spouse get away with it”. This is the client’s right, but don’t expect to be able to “tell your story” to the Judge as what you believe to be important and relevant may not be admissible evidence. In Court, the legal rules of evidence are applied and you may not be able to tell your story as you would like, as the evidence may be inadmissible. I understand that it is difficult for some people to “let go” of the moral principle. Unfortunately, for those people it will often result in additional legal costs to no avail.
Having conducted thousands of Family Law court cases over the past thirty years, I can tell you that clients will have a tremendous sense of relief if their case is settled out of court. The relief comes about because the argument comes to an end and the client can then “resume normal life” without the stress of dealing with ex-spouses, the courts and lawyers (and paying for the privilege!) When a case is settled, it sets most people free to move on with the next stage in your life- which may even involve a new relationship (without the baggage from your previous one).
Separation and Divorce for Retirees
31 July 2018 -
Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship!
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
12 April 2018 -
If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
Can I apply for a Divorce if I am no longer living in Australia?
5 October 2016 -
Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
The Best Family Law Advice from Melbourne Family Lawyers
20 July 2015 -
At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
When should I apply for a Divorce?
22 April 2015 -
A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year.
Beware of Family Lawyers offering Free Initial Consultations
26 November 2014 -
Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
What to Expect from a Family Lawyer
8 November 2013 -
A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
Which Family Law Court in Melbourne?
8 April 2013 -
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
How long does it take to get a Divorce in Melbourne?
1 April 2013 -
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are:
Can I apply for a Divorce in Australia if I was married overseas?
1 February 2013 -
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677