FAMILY LAW MEDIATION

Mediation is the process by which an independent third person assists parties involved in a dispute to reach a negotiated resolution.

Mediation can be a quick and easy way to resolve either your parenting or property settlement dispute.  If you are successful in reaching an agreement about either your parenting dispute or the division of your assets this agreement can then be recorded in the form of Consent Orders which is lodged by the Court and becomes legally enforceable, or in property settlement cases the agreement may also be recorded in the form of a Binding Financial Agreement (for married couples) or a Termination Agreement (for Defacto Couples, including same sex couples). Both Binding Financial Agreements and Termination Agreements are contracts and are also legally binding if they are compliant with either the provisions of the Family Law Act 1975 (Cth) or the Property (Relationships) Act 1984.

Mediation is a confidential process which offers the best chance of preserving relationships between the parties involved in a dispute. At Rossi Simicic Lawyers we offer mediation services with a qualified mediator who is also a Family Law Specialist. Rossi Simicic Lawyers have facilities to conduct mediations at their Offices but can also conduct mediations at a venue nominated by the parties. People can choose to participate alone or with their solicitors. Mediation is often far more cost-effective than litigation and is best suited to parties with a genuine interest in resolving a given dispute.

In the event that you have been invited to participate in mediation through a alternate organisation we would strongly suggest that you obtain legal advice prior to your mediation conference so you are fully informed of your rights and obligations and can therefore fully engage in the mediation process.

Mediation does not always guarantee an agreement between parties. In these instances, other dispute resolution options can be used, such as Collaborative Law, Arbitration or litigation (see our litigation page).

If you have any questions regarding our in house mediation services please do not hesitate to contact us.

COLLABARATIVE LAW

Collaborative Law is a process whereby parties and the solicitors contractually agree that they will attempt to resolve a dispute by a Collaborative process and if that is unsuccessful the parties cannot engage those solicitors to commence court proceedings.

Luciana Rossi is a Collaborative Lawyer and a member of Collaborative Family Lawyers Illawarra Shoalhaven Incorporated.

Collaborative Law is a confidential process which offers the best chance of preserving relationships between the parties involved in a dispute. At Rossi Simicic Lawyers we offer Collaborative Law services with a qualified Collaborative Lawyer who is also a Family Law Specialist. Rossi Simicic Lawyers have facilities to conduct Collaborative Law meetings at their Offices but can also attend Collaborative Law meetings at a venue agreed by the parties. Collaborative Law is often far more cost-effective than litigation and is best suited to parties with a genuine interest in resolving a given dispute.

ARBITRATION

Arbitration is the process whereby disputing parties agree to have a third party (the arbitrator) decide the outcome of the dispute. Arbitration is a consensual process - which means the parties involved must agree to resolve their dispute by means of arbitration.

Arbitration is a form of alternate dispute resolution for Family Law Property Settlement Disputes.  It is not available for parenting disputes.

As with mediation, arbitration can be quicker and simpler than litigation. At Rossi Simicic Lawyers we offer Arbitration services with a qualified Arbitrator who is also a Family Law Specialist. Rossi Simicic Lawyers have facilities to conduct Arbitrations at their Offices but can also conduct Arbitrations at a venue nominated by the parties. People can choose to participate alone or with their solicitors. Arbitration is often far more cost-effective than litigation and is best suited to parties with a genuine interest in resolving a given dispute.

A decision made by an Arbitrator is an award. An 'award' (the outcome of arbitration) can be registered with the Court and enforced as if it were a Court judgement.

Parties to arbitration are assisted by dispute resolution lawyers. It is always recommended to consult a Rossi Simicic lawyer to fully understand your position when a dispute arises and to be fully prepared to participate in the process.

Contact Rossi Simicic for more information or to retain an experienced dispute resolution lawyer.

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