MEDIATION AND FAMILY DISPUTE RESOLUTION

 

Do I need to attend Mediation before I go to Court for a Property Settlement or Spousal Maintenance Matter

 

Although it is usually considered preferable, currently under the Family Law Act 1975 (Cth) you do not have to participate in family dispute resolution before you start property settlement court proceedings. 

The court does require the parties to have made a genuine effort to try to reach agreement before commencing court proceedings. 

In almost every property settlement matter the Court will refer the parties to undertake some form of Dispute resolution. 

Depending on the size of the property pool the Court will usually either:

  • refer the matter to a Conciliation Conference before a Registrar; or
  • require the parties to undertake a private Mediation.

 

 

 

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Content By:
Michelle Beatty
MRB LAW

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