Professional Mediation Services in Perth WA
Mediation is a form of Alternative Dispute Resolution. If you have a family law dispute which involves children under the age of 18, then the Mediation may also amount to Family Dispute Resolution.
Mediation is a confidential process during which the mediator will fairly and impartially assist the parties to come together to reach a solution to their dispute quickly and without the need for court proceedings.
Davies & Co Lawyers provide shuttle and ‘face to face’ Mediation and Family Dispute Resolution services.
Our Perth mediation services include assistance with property settlements and parenting arrangements, and we offer all of our clients, including those based interstate, overseas or in rural and remote areas, the opportunity to participate in Mediation and Family Dispute Resolution, by telephone or Zoom.
We are also instructed by other family lawyers to chair Mediation Style Conferences, to help their clients resolve their family law disputes.
Most of our clients are referred to us by recommendation and whilst our diary is often booked up in advance, we aim provide our mediation services and see all of our clients in Perth within a 2 weeks period.
Professional Mediation Services
Our Principal, Mark Davies is accredited by the Attorney-General’s Department as a Family Dispute Resolution Practitioner and is a Nationally Accredited Mediator under the National Mediator Accreditation System. He is also a member of the Australian Institute of Family Law Arbitrators and Mediators.
As a Nationally Accredited Mediator and Family Dispute Resolution Practitioner, Mark sits as a Chairperson at the Alternative Dispute Resolution Unit of Legal Aid Western Australia.
During Mediation and Family Dispute Resolution, we will:
- Not make any decision for the parties, coerce them to enter into an agreement or act in a legal capacity for either of them.
- Provide a relaxed and informal environment that allows parties to express their views, explain what is important to them and why.
- Assist both parties to generate options to resolve their dispute.
Family Dispute Resolution
Parenting Arrangements
If you are a parent, you have ongoing responsibilities for your children, regardless of whether you are separated, divorced, re-married, re-partnered or have never lived together.
In most circumstances, the law requires parents to engage in Family Dispute Resolution to reach an agreement in relation to the arrangements for their children, prior to issuing Family Court proceedings for Parenting Orders.
There are exceptions to the requirement to engage in Family Dispute Resolution, including family violence, child abuse or urgency.
Family Dispute Resolution Practitioners are accredited by the Attorney General’s Department to issue certificates to persons who want to issue Family Court proceedings for Parenting Orders.
They can do so only if:
- A person did not attend Family Dispute Resolution due to the refusal, or the failure, of the other party or parties to attend.
- The person attended Family Dispute Resolution with the other party or parties, but that person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues.
- The person attended Family Dispute Resolution with the other party or participants and made a genuine effort to resolve the issues.
- That it was not appropriate to conduct Family Dispute Resolution.
A Parenting Plan is a written agreement between parents, that records any parenting arrangement between them. A Parenting Plan is not legally enforceable unless the arrangements contained within it are recorded in Parenting Orders.
The Family Court will make Parenting Orders by consent of the parties if they file an application for Consent Orders with the Family Court.
We adopt a child focussed approach to Family Dispute Resolution when providing our mediation services and aim to build a safe environment in which children can live, learn and mature.
Property Settlement & Maintenance
When married or unmarried couples separate, there is often conflict between them as to how to divide their property and assets.
Mediation can help couples to reach a property settlement which will deal with the division of all of their property and assets including houses, cars, boats, pets, jewellery, cash, shares, superannuation, personal effect, furniture and debt, including credit card debt and mortgages.
A written property settlement agreement will not be legally enforceable unless the agreement contained within it is recorded in Property Orders.
The Family Court will make Property Orders by the consent of the parties if they file an application for Property Orders with the Family Court.
Mediation Style Conferencing
A Mediation Style Conference allows the parties to work though their dispute in the presence of their respective lawyers, who can provide advice in relation to options generated throughout the mediation and any agreement which it is proposed to enter into.
Our Perth mediation services extend to chairing mediation style conferencing and working with other family lawyers and their clients to try and achieve agreements both in relation to parenting arrangements and property settlement and maintenance. Speak to our Perth mediation services team today.