Family Mediation & Arbitration Lawyers Sydney

In court, a judge you have never met decides how your assets are divided and when you see your children. The evidence is public, the timetable is the court's, and the costs are considerable. In mediation or arbitration, you decide who hears your matter, when, and in what setting, and in mediation, you decide the outcome.

For families with privacy concerns, business interests or children who will need their parents to cooperate for years, that control is valuable. But it is only valuable if you come prepared. An unprepared party in mediation can agree to terms that a court would never have ordered.

The Family Law Act 1975 (Cth) is designed to encourage resolution without litigation.

• Family dispute resolution (FDR) is mediation conducted by an accredited practitioner. Before applying for parenting orders, parties generally need an FDR certificate, subject to exceptions for family violence, child abuse, urgency and incapacity.
• Pre-action procedures under the court's rules require parties in financial disputes to make genuine efforts to resolve the matter before filing, including exchanging disclosure and considering dispute resolution.
• Arbitration of property and financial disputes is available by agreement or on referral by the court. The arbitrator's award is binding, can be registered, and can be reviewed by the court on a question of law.
• Confidentiality
  FDR communications are confidential and generally inadmissible, subject to exceptions relating to child abuse and safety.

In high-value property disputes, successful mediation depends on work done beforehand. Disclosure must be complete. Valuations must be agreed or tested. Tax consequences of each option must be understood. And the mediator must have the experience to handle trusts, companies and sophisticated counsel.

We prepare a clear position paper, model settlement options with your accountant, and agree the choice of mediator, often a senior family law barrister or retired judicial officer. Where a dispute turns on a narrow valuation or legal question, arbitration of that issue can unlock the rest of the settlement.

For parenting disputes, we can arrange child-inclusive mediation where appropriate, and we help you prepare for the conversation as much as the negotiation.

We attend mediation with you, advise you privately throughout the day, and negotiate on your behalf. Where agreement is reached, we record heads of agreement before anyone leaves the room and convert them promptly into consent orders or a binding financial agreement. Where agreement is not possible, we are ready to take the next step in the Family Court.