In addition to legal advice, the parties need to be fully informed as to the financial situation of each of them. Often one party does not know the financial circumstances of the other party. Again, the aim of mediation is to resolve disputes but the resolution reached must be by an informed consent obtained with the parties having a full knowledge of the the financial circumstances involved.
Disclosure of financial circumstances involves each party having access to the documents necessary to provide an informed position from which to launch into effective mediation and negotiation. Randal will ensure that the financial circumstances of the parties are “laid on the table”. Disclosure of relevant documents is important and should be available at the request of any party before and during the mediation process. It is a matter for the parties to the mediation as to the level of disclosure of relevant documents. There are times when both parties are fully appraised of each other’s and their joint financial position and they don’t require disclosure of financial documents.
At the end of the day the parties to a property settlement mediation are able to reach any agreement they wish, regardless of the provisions under the Family Law Act. However, that act of self determination must result from an informed decision.
Mediate and resolve your property settlement disputes with the assistance of your solicitor, or if you prefer without any legal representation at the time of the mediation. You will, however, benefit from and need appropriate legal advice before and possibly after the mediation process.
Randal can assist you in documenting your agreement either in non-binding heads of agreement or assisting you in drafting either a financial agreement or consent orders to be filed in the Family Court. Alternatively, you may engage your own lawyers to document the outcome based upon the written heads of agreement.