Do I need to see a lawyer before mediation?
Mediation (Family Dispute Resolution) is voluntary in Australia. It is the first step in a legal process that can lead to a court process if necessary. In most cases, where parents can negotiate, matters can be dealt with through discussion and negotiation, meaning that it is not necessary to go to court.
It is not necessary to see a lawyer prior to mediation. The process can be used without spending the extra time and money. However, a mediator is not able to give you any legal advice, so if you need a better idea of where you stand if the matter does go to court, you will need to consult a lawyer.
Fortunately, any agreements made in mediation are not legally binding. You will not be stuck with any arrangements if you regret them. You can access legal advice before, after and even during a mediation if you need.
For some families, it is necessary to use a court process to resolve their dispute. For others, their disputes can be managed through discussion and negotiation regarding what is in the children’s best interests.
At Blackboard Mediation, that is our mission: to create an environment where parents can work through their conflict and focus on what their children need. If you would like any further details, please do not hesitate to contact our office for a free ten minute consultation.