Settlement and Resolution
If you and your former partner are separated or considering separating, you may be able to come to a negotiated agreement.
This may involve:
Assisting you to negotiate directly with your former partner;
Negotiating directly with your former partner;
Negotiating with your former partner’s lawyer;
Attending a mediation;
Attending a Round Table Conference with you, your former partner and your lawyer.
If a negotiated agreement is not possible, then litigation may need to be considered. We can help you navigate the whole process and all of your options.
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Frequently Asked Questions
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Mediation is a process led by a neutral third party who helps you and your former partner talk through the issues and work towards a resolution. It is conducted without prejudice, which means what is said during mediation cannot be referred to later in court. It is usually quicker and less costly than litigation.
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Having a lawyer present at mediation is not a requirement and it is at the election of the clients. The clients can elect to obtain advice from a lawyer before the mediation.
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An agreement reached at mediation needs to be formalised before it becomes enforceable, usually through consent orders or a financial agreement.
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Mediation does not have to resolve everything to be worthwhile, and it often narrows the issues even where it does not settle the matter. If agreement cannot be reached, the next step may be further negotiation or, where necessary, court proceedings.
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