Family Law: Mediation vs Conciliation vs Negotiation (noun)

Written by James Frank | 20/04/17 6:32 AM

Mediation (noun): a non-binding process parties may elect to partake in aimed at working through issues and disputes in a family law matter.

Negotiation (noun): a non-binding process whereby parties make offers and counter-offers as to how the property should be divided.

Conciliation (noun): a court-ordered conference which works through the issues preventing a settlement and, in some instances, produces a binding resolution.

From these definitions, these three processes may seem very similar. Certainly, all these processes aim to move parties closer to a resolution on their family law matter. However, there are a few key differences which distinguish each process.

Mediation is often opt-in and is usually administered by a third party organisation. Mediators may speak to parties separately or together to try to resolve issues and disputes which may be damaging a relationship or, where separation has occurred, impeding a family law matter.

Negotiation occurs once parties have separated and are seeking to finalise their economic circumstances through legal mechanisms. Like in business, family law negotiations are about proposals and counter-proposals until parties reach an agreement which they find acceptable.

Conciliation is saved for parties who have already filed an initiating application and are in court. A conciliation conference may be ordered by a Judge at a directions hearing. A Registrar will then lead the conciliation conference to resolve the issues between the parties and assess whether a resolution can be reached by negotiations or whether a final hearing is required.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.