Mediation Lawyers Perth

Mediation is a very common form of alternative dispute resolution (ADR) used by people to settle family related issues outside of court.

There are several options of ADR available; including mediation, negotiation, arbitration, family dispute resolution and counselling.

At MKI Legal we are settlement focused and encourage families to make a genuine attempt to engage in ADR instead of rushing off to court.

For both property matters and children’s matters, it is a strict requirement by the court that you attempt resolving your dispute outside of court before applying to get the court involved. There are limited reasons where this might not apply, such as situations involving family violence, urgency or child abuse.

The main types of dispute resolution for property matters include negotiation and mediation, with arbitration and counselling also being recognised as dispute resolution avenues.

For children’s matters, a separate type of alternative dispute resolution is a requirement, known as Family Dispute Resolution (FDR).

Family dispute resolution

FDR is a unique type of mediation which focuses on children. It is essential to attempt FDR before applying to court, unless there are exceptional circumstances which may exempt you, such as urgency, child abuse or family violence.

Family dispute resolution is conducted by trained family dispute resolution practitioners who have vast experience in matters like your own. They usually have qualifications in psychology or law.

The family dispute resolution practitioner will work with you and your ex-partner to hopefully come to a child-focused agreement about how you will successfully co-parent your children.

Property Matters

If you attempt one of the ADR methods and you cannot reach any type of agreement with your ex-partner, the next step would be to apply to the Family Court of WA.

Children’s Matters

If you attempt FDR and cannot come to an agreement with your ex-partner, or if they choose not to engage with FDR, the FDR practitioner will issue you with a certificate to confirm this. You will need this certificate to apply to the Family Court about your children’s matters. This certificate is valid for 12 months.

Whether you are applying to the court for property matters, children’s matters or both, our team of highly experienced family lawyers can assist you through this process.

At MKI Legal we are settlement focused and will attempt to make the court process as civil and cost effective as possible.

Our family lawyers are highly trained in negotiating and mediation and it might sometimes be appropriate to engage a lawyer to help you through the process.

As mentioned, we can also help with writing negotiation letters for property matters.

Family law mediation services are offered through many different organisations, both public and with private practitioners.

Find a family dispute resolution practitioner near you here.