Courtney Barton is a Nationally Accredited Family Mediator and Family Dispute Practitioner to parties who need some legal assistance in resolving their child custody and property settlement disputes. What makes us stand out? We do our best to assist parties in reaching an agreement to avoid the financial and emotional costs of litigation. With more than 14 years of experience in family law, negotiations, family mediation, and alternative dispute resolution, we want to be your first point of call during your toughest times.
We offer Mediation and Family Dispute Resolution to parties who need assistance to resolve their child custody and property settlement disputes and want to avoid the financial and emotional costs of litigation.
If you’re looking for a family law mediator that offers empathy, understanding, and compassion during family mediation, get in touch with Barton Family Lawyers on 3465 9332 today or through our online form. We’re here, and we care.
Family Law Mediation Brisbane
In Australia, divorce can be a legal puzzle – this is because it’s far from straight forward, encompassing property settlement, parenting agreements, child support, and spousal maintenance. Our mission is to assist both parties in reaching a resolution, without the need of court intervention.
The Benefits of Using a Family Law Mediator
Keeps Your Situation Private & Confidential
Mediation is a more private and confidential approach, allowing you and the other party to feel a lot more comfortable that everything being discussed in the mediation remains confidential, and is not discussed with others or used against you in court should an agreement not be reached.
Mediation is Cost Saving
Let’s be honest, courts are expensive. The initial stages alone can cost you upwards of $10,000 – this is before even reaching a trial. Successful mediation either narrow the issues and lowers time spent in court or eliminate the need for court completely. That money that would otherwise be spent, can be better focused on your children, or post separation re-establishment expenses.
At Barton Family Lawyers, we offer fixed fees for all our family law mediation Brisbane wide.
Mediation Solves Issues Quicker
In recent times, there have been significant delays within the family court system, with some matters taking around three (3) years before even reaching trial. Thankfully, with mediation, and the trust of an FDR practitioner, you don’t have to experience this long, drawn out processes. We prioritise your situation.
Mutually Beneficial, Certain & Predictable Resolution
To be frank, no one really ‘wins’ when it comes to the family court system. There are, however, an abundance of losses both financially and emotionally. Not to mention, what you think is fair may be completely different in the eyes of the courts. The outcome is then handed to you by a third party, and is not chosen by you, or the other parties. Mediation offers participating parties control over the outcome, along with finding a win/win solution.
Mediation Helps Protect Children from Conflict Exposure
Mediation allows separating parents to keep their children away from the separation conflict and minimises the impact that the separation may have upon them. This is different when its commenced through the courts, with children being exposed to constant conflict, along with other underlying issues. When it comes to family mediation, we do our part to protect children from this sort of exposure.
Family Mediation with Barton Family Lawyers
Are you ready to take that next progressive step? We’re here for you. Give our Brisbane family lawyer Mediator a call on 3465 9332 to discuss our family court mediation services or reach out to our office via our online form.
Frequently Asked Questions
What is mediation?
Mediation is where an independent, neutral third party helps the parties to negotiate an agreement about the issues in conflict.
What is the role of the family Mediator?
A family mediator is a neutral party. The Mediator’s job is to assist each of you in the negotiation process by meeting with both of you, identifying the issues, the common ground and then exploring those issues.
What happens during family mediation?
At the mediation, you will each meet at the same location or sometimes you may be separated into different rooms. More recently we have been doing most of our mediations by zoom, in which case it is more common for the parties to remain separate for the entirety of the mediation process. Over the course of the day, the family mediator will speak to each of you and your solicitor (if present) about your respective positions and interests. Where invited to do so, the family Mediator may express a view based on their experience and this may include reality testing your position at times in terms of your prospects of success if litigation is necessary at a later stage. However, the family mediator remains at all times independent. Their role is to assist each of you communicate more effectively and to negotiate a compromise that is of each party’s choosing.
The goal is to end the day with a compromise agreement that you each can live with that resolves all or some of the issues in dispute.
Can mediation be done without me seeing my ex partner? Can I mediate by zoom?
Yes. Our mediations can be undertaken both in person at a location of your choice or by zoom, depending on both parties preferences.
We have had a very positive experience with the utilisation of zoom mediations since covid-19 and it is our preferred method of mediation. In our experience, having the mediation occur by zoom reduces the stress and anxiety parties feel through participation in mediation and the legal process.
Zoom mediations have particular value in maximising the prospects of resolution of all issues where there is significant conflict between the parties, where there is a power imbalance and where there are allegations of family violence.
When is family mediation appropriate? Is Mediation compulsory?
Whilst some matters need to be litigated in the family courts because of the nature of the intractable dispute, most matters are amiable to alternate dispute resolution through a process called mediation.
In parenting and property matters, mediation is a prerequisite before a court application can be filed (except where certain exceptions apply). If mediation does not occur between the parties before court proceedings are filed, you must substantiate to the Court the exception that you say applies which exempts you from participating in mediation and what other genuine steps you have taken to settle the matter, prior to the commencement of court proceedings.
Click below to read about the pre-action procedures for parenting cases and property settlement cases and the limits exceptions when mediation is not compulsory before filing a court application:
In both parenting and property matters, the parties will generally be required to attempt to settle their issues through mediation, prior to the matter being set down for Trial.
You can make life easier by participating in a mediation, without going to Court.
Why mediate? In 9/10 cases, Mediation is the best and most appropriate way to resolve your family law issues quickly and cost effectively.
What if we reach an agreement at mediation?
The agreement, in a parenting matter, when signed becomes a Parenting Plan.
If you have reached an agreement with your former partner at the mediation and you seek to make your (property settlement or parenting) agreement legally binding, you will need to seek legal advice from an experienced family lawyer in order to have you agreement made into a Consent Order, which can then be rubber stamped by the court and it then becomes legally binding.
Why Mediate? – it is a win win solution
Do you want to have control over your decision? Do you want a quicker, less costly outcome that you choose and have ownership of?
Mediation is the way to go.
If you are wanting more information about the process of mediation or to initiate the process and book your mediation intake appointment, please don’t hesitate to contact us.
For more information about our Brisbane Family Mediator, click the link to read our mediation brochure.
What are the costs of your Brisbane family mediation services?
Court is expensive. It costs between $8,000 and $10,000 just up to and including your first court date and court costs can end up escalating above $100,000 by the time your matter reaches a trial.
No one ever ‘wins’ in the family court system. There are however many losers, due to the financial and emotional costs associated with going to court. Further, what you believe you believe is fair and what a court will order are not always one and the same. The outcome is handed to you by a third party and often parties walk away with an outcome that neither of them are happy with.
A successful mediation will result in an agreement that everyone can live with and an outcome that you have control over.
By choosing Mediation over court you have so much to gain and nothing to lose.
We offer fixed fees for all Barton Family Mediation Services Brisbane.
Courtney’s Mediation Fees are set out in the following brochure.
What is the process for mediation in parenting disputes?
Parenting disputes are often the most emotively charged and involve difficult issues, but they are the area which is most important to address as quickly as possible after separation. When children are involved in parental conflict, this can have significant negative impacts on your children, physically and psychologically. The quicker you resolve matters relating to your children’s living arrangements and work towards a cooperative post separation parenting relationship with your former partner, the better for all involved, particularly the children.
In children’s matters there is a procedure we are required to follow with respect to mediation, as set out in the Family Law Act and Regulations, the National Mediation Standards and the Queensland Law Society Rules.
This process must be complied with in all mediations we conduct.
The process is as follows:
- An intake appointment is done with the inviting party;
- If Mediation is assessed as appropriate, an invitation is sent to the other party to attend mediation in writing (by post/email) and by telephone;
- The invitation is followed up by a telephone call within the next few days;
- If the invitation to attend mediation is refused, a section 60I certificate may be issued where appropriate as guided by the Family Law Act and Regulations;
- If the invitation is accepted a mediation is arranged. Mediation can be arranged by the parties or their lawyers at a neutral venue such as the Queensland Law Society or North Brisbane Mediation Rooms at the cost of the parties.
I have other questions. What other resources are available in relation to mediation?
For more information, please check out the following articles:
- Admissibility of admissions at mediation in court proceedings;
- Do I have to mediate before Court? The exemptions explained;
- Mediation – is it worth it;
Meet your Conflict Resolution Specialist
Courtney Barton is a Brisbane based Nationally Accredited Family Mediator, Registered Family Dispute Resolution Practitioner and owner of Barton Family Lawyers. Contact the Brisbane Family Mediator to schedule your mediation in for reasonable fixed fees.
Our Family Mediation Services Brisbane can be arranged at a location of your convenience or by zoom. Contact us for more details on our mediation services.
With over 10 years of experience as a family lawyer and conflict resolution specialist, Courtney will help you to resolve your parenting and property settlement dispute in a quick and cost effective manner, thereby protecting you from the harmful emotional and financial impacts of litigation. Check out our reviews from happy clients who have utilised Courtney’s services before, both as a lawyer, and a mediator.
Courtney’s number one piece of advice to parties going through separation is to be proactive, not reactive in dealing with family law issues following separation.
Courtney says “The biggest mistake I see being made is that people sometimes wait for months and even years following separation to seek family law advice and to engage in dispute resolution and they often do so after a climactic event which has caused them emotional or financial stress.”
Contact Courtney now and book your mediation intake appointment for your property settlement or parenting dispute and we will arrange an invitation to be sent to the other party within twenty-four (24) hours of your appointment. By choosing Mediation over court you have so much to gain and nothing to lose. You will be given an invaluable opportunity to reach an agreement that you have control over, rather than one that is imposed upon you, and you will avoid the emotional, financial and time costs, that litigation entails.
