The New Family Law Act and Mediation
The new Family Law Act, replacing the Family Relations Act, has been in place since March 18th, 2013, and continues a legislative trend to increase the availability of alternative dispute resolution rather than relying on emotionally volatile, expensive and time consuming court action.
The Family Law Act regulations defines mediation as “a collaborative process in which two or more parties meet and attempt with the assistance of a mediator to resolve issues in dispute between them”, and further sets out qualifications for mediators and certain procedural requirements. Regulations further state that any party to a family law proceeding may institute mediation in that proceeding by serving a Notice to Mediate (family) in Form I on every other party to the proceeding. The participants must jointly appoint a mutually acceptable mediator within 14 days of service of this notice.
JP Boyd on Family Law
Interested in learning more about the Family Law Act?
A good summary can be found at the JP Boyd on Family Law Clicklaw Wikibooks resource site.
Chapters
Interested in Mediation services?
Contact us or Download our Mediation Participation Agreement to get started.