Family Law Mediation Process

The primary objectives of mediation are to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively, and confidentially rather than have a decision imposed upon them by a judge or arbitrator.

Mediation is a consensual, confidential, and informal negotiation process in which parties to a dispute use the services of a skilled and independent mediator to assist them to define the issues in dispute, develop and explore settlement options, assess the implications of settlement options, and negotiate a mutually acceptable settlement of that dispute which meets their interests and needs.

Mediation enables the parties to negotiate flexible and creative solutions which need not conform to strict legal rights or general community standards.

To meet the above objectives, the FDR Centre has developed Family Law Mediation Rules to promote and encourage the negotiated settlement and early and cost effective resolution of Family Law Disputes by mediation. The FDR Centre has also developed a Family Law Mediation Protocol to provide a guide to the rights and responsibilities of all participants in the Family Law Mediation process under these Rules.

The Rules and Protocol provide both a framework and detailed provisions to ensure the efficient and cost effective resolution of Family Law Disputes by mediation. The Rules are set out in a manner designed to facilitate ease of use and may be adopted by agreement in writing at any time before or after a dispute has arisen.

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