Approaching Mediation with the Right Mindset

When it comes to family law disputes, many people come to mediation after months of lawyer assisted negotiations or discussions between themselves.

By then, they’re often firmly attached to their legal “rights” and positions. While knowing your rights and understanding the strengths and weaknesses of your case is absolutely essential, mediation requires a different mindset.

Instead of focusing on winning or losing, mediation works best when both parties are willing to move from their starting positions.

A successful mediation isn’t about victory; it’s about compromise. In fact, the hallmark of a good outcome is that both parties leave feeling a little disappointed. A sense of “I could’ve got more.” That’s not failure; that’s balance. It means both of you sacrificed something in order to reach an agreement.

Why Compromise is Worth It

So why agree to something less than your “ideal” outcome? Well in my experience as both a seasoned family lawyer and an Accredited Family Dispute Resolution Practitioner is there are four main reasons:

1. Cost

Litigation is expensive. You might fight over $10,000, but by the end of a drawn-out case, you could spend $100,000 to $150,000 in legal fees if it goes to a full final hearing. Mediation allows you to resolve matters far more affordably.

 

2. Emotional Wellbeing

The toll of conflict isn’t just financial. Prolonged disputes can deeply affect your mental health and wellbeing.

More importantly, if children are involved, ongoing parental conflict can be profoundly damaging. Research shows extended exposure to conflict can even alter a child’s brain development. No parent wants to look back and realise that legal battles over dollars and cents cost their children peace of mind and stability.

 

3. Time

Court proceedings are rarely quick. Even after your first court date, which may take 6 to 12 weeks to arrive you’re often simply sent back to further directions, mediations, report preparations or adjournments. It’s common for matters to drag on for 18 months or more. By contrast, a mediated agreement can be drafted into consent orders and finalised within weeks or months depending on the complexity and issues in dispute.

4. You get to decide

What many do not realise is that when you go to court and are involved in litigation. You are paying for a judge to decide what should happy to your family and your finances. In mediation however, you get to maintain control over what happens. When you are involved in litigation, who ‘wins’ will depend on who presents the best evidence on the day(s) of the trial and how the judge assigned to your case assesses that evidence.

The Harsh Reality of Litigation

If mediation fails, litigation often becomes the next step. But here’s the reality:

  • Over time, costs escalate while assets often depreciate. You are already losing.
  • Conflict tends to increase, not decrease.
  • Litigation fatigue sets in, leaving families drained financially and emotionally.
  • The court process is slow, and the “big day” in front of a judge may be years away.
  • In many cases, the final court order looks very similar to what could have been achieved in mediation years earlier or sadly worse because now emotionally and financially a toll has been taken.

When Court is Necessary

The court system is crucial for keeping families safe. If there are serious concerns like family violence, abuse, or unacceptable risks to children, the court is the best place to ensure protection and accountability. In those circumstances, litigation is not just appropriate but essential sometimes. This is where having an experienced family lawyer is crucial to understanding your particular unique case and needs.

However, in cases involving modest asset pools such as a home, cars, superannuation, and savings mediation often provides the fastest, least damaging path forward.

Final Thoughts

Mediation isn’t about giving up your rights or “losing.” It’s about making a clear-eyed, practical decision for the sake of your finances, your wellbeing, and most importantly your children. By approaching mediation with the right mindset, you give yourself the best chance of moving forward sooner, lighter, and with less regret.

If you would like to learn more about mediation, this blog post is written by Kristal Naividi of Olive Mediation and you can find out more at http://www.olivemediation.com.au

 

Women and Family Law: A Practical Guide for Navigating Family Law in NSW

Women and Family Law: A Practical Guide for Navigating Family Law in NSW

Navigating family law matters like divorce, parenting arrangements, property settlements, and Apprehended Violence Orders (AVOs) can feel overwhelming, especially when emotions run high. Thankfully, resources like Women and Family Law, published by the Women’s Legal Service NSW, provide clear, accessible information to help individuals understand their rights and responsibilities.

Women and Family Law is a plain-English guide to family law in New South Wales, designed to break down complex legal concepts into straightforward language. Whether you are facing separation, negotiating child arrangements, or seeking protection through an AVO, this resource provides practical advice and guidance.

The guide specifically focuses on issues relevant to women but is a helpful tool for anyone going through family law processes.

  1. Divorce
    • The guide explains the “no-fault divorce” process in Australia and what you need to prove (12 months of separation) to apply for a divorce. It outlines the steps involved and what to expect during the process.
  2. Parenting Arrangements
    • After separation, decisions about where children will live and how parents will share time can be challenging. Women and Family Law provides guidance on how the best interests of the child are determined and the importance of parenting plans or court orders.
  3. Property Settlements
    • Dividing property after separation can be complex. The guide walks through factors the court considers, including contributions made by both parties (financial and non-financial), future needs, and superannuation splitting.
  4. Apprehended Violence Orders (AVOs)
    • For individuals experiencing domestic or family violence, the guide explains the purpose of AVOs, the process for applying, and how these orders provide protection.

This resource is ideal for individuals going through separation, divorce, or parenting disputes who need clear and concise legal information. It empowers women (and others) with knowledge so they can make informed decisions about their legal options.

The Women and Family Law guide is particularly helpful for those who may not have access to immediate legal advice but want to understand the family law process in NSW.

The 13th edition of Women and Family Law was published in May 2024 and is available online for free as a PDF eBook.

While the guide is a great starting point, personalized legal advice can help you take the next steps with confidence. At Coastal Lawyers, we specialize in family law matters, including:

  • Divorce
  • Parenting Arrangements
  • Property Settlements
  • Protection Orders

If you have questions or need legal advice, book a Family Law Consultation today:

Family law matters often come at some of the most stressful times in a person’s life. Resources like Women and Family Law play a crucial role in supporting individuals with the tools and knowledge they need to navigate these challenges.

If you’re going through a separation, managing parenting disputes, or seeking help with property settlements or AVOs, this guide is an excellent starting point.

Empower yourself with knowledge and take the next steps with confidence.

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

How to Pay Hearing Fees: A Quick Guide

How to Pay Hearing Fees: A Quick Guide

Navigating the family court system can be overwhelming, and on top of everything else, there’s the matter of paying hearing fees. If you’re unsure how to go about it, don’t worry—you’re not alone. Here’s a straightforward guide to help you through the process.

Once you receive your statement of fees, it will include a Payment Identification Number (PID). This PID is your key to making the payment quickly and efficiently.

The easiest way to pay your fees is through the Family Law Fees eServices portal. Here’s what you need to do:

  1. Visit Family Law Fees eServices.
  2. Enter your PID number as listed on your statement of fees.
  3. Follow the prompts to complete your payment.

It’s as simple as that.

If you prefer to make your payment in person, you can do so at the court registries. Payment methods accepted include:

  • Eftpos
  • Debit Card
  • Credit Card

Alternatively, if you’re sending your payment by mail, you can use a Visa or Mastercard (credit or debit).

When paying by credit card, especially if you’re mailing your application or request, don’t forget to include the Credit Card Payment Form. This form is available on the Forms page of the Federal Circuit and Family Court of Australia (FCFCOA) website.

A quick tip—do not fax the form unless the Court has specifically requested you to do so. It’s crucial to follow this to ensure your payment is processed correctly and without delays.

Paying hearing fees may seem like just another item on a long list of to-dos, but it’s an important step in moving your case forward. By following these simple steps, you can handle this process smoothly and get back to focusing on what matters most—your case.

If you’re feeling overwhelmed by the legal process, contact Coastal Lawyers today to book a consultation. We’re here to guide you through every step and provide the support you need during this challenging time.

The information contained in this blog is for informational purposes only. It is not a substitute for legal advice. For tailored guidance, book an obligation-free appointment with Coastal Lawyers online.

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

Family Law Fees are Increasing on July 1, 2024

Family Law Fees are Increasing on July 1, 2024

Family law fees in the Federal Circuit and Family Court are set to increase starting July 1, 2024.

Here’s a quick rundown of what you need to know.

Divorce Applications:

  • Current: $1,060
  • New: $1,100
  • Reduced Fee: From $350 to $365

Consent Orders:

  • Current: $195
  • New: $200

Decree of Nullity:

  • Current: $1,505
  • New: $1,560
  • Reduced Fee: From $500 to $520

Initiating Applications:

  • Parenting or Financial (Final only): From $410 to $425
  • Parenting or Financial (Final and Interim): From $550 to $570
  • Parenting and Financial (Final only): From $670 to $695
  • Parenting and Financial (Final and Interim): From $810 to $840

Court Event Fees:

  • Setting Down for Hearing (Defended Matters):
    • Division 2: From $745 to $770
    • Division 1: From $1,010 to $1,045
  • Daily Hearing Fee (Each hearing day, excluding the first):
    • Division 2: From $745 to $770
    • Division 1: From $1,010 to $1,045
  • Conciliation Conference: From $465 to $480

If you hold certain government concession cards or can demonstrate financial hardship, you may be eligible for reduced fees on applications for divorce or decrees of nullity.

These changes mean a slight increase in costs, so it’s important to plan accordingly if you have ongoing or upcoming family law matters. We’re here to help you navigate these changes and ensure you’re fully informed and prepared.

If you have any questions or need assistance with your family law matters, don’t hesitate to contact us. Our team at Coastal Lawyers is ready to provide the support and guidance you need.

  • Email: reception@coastallawyers.com.au
  • Phone: 1300 271 289

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

Support Services for Families on the Central Coast

Support Services for Families on the Central Coast

Referral: 1800 864 846

Family Services

  • Child and family support
  • Parenting support
  • Early learning and childcare
  • Domestic violence support

Mental Health Services

  • Youth (0 – 25 years)
  • Adults (18 years +)

Homelessness Programs

  • Family programs
  • Adult programs
  • Youth programs (12 – 24 years)

Aged Care Services

Uniting offers comprehensive aged care services, ensuring the elderly receive appropriate care and support.

Referral:

Phone: 1800 324 924 or Email: info@catholiccaredbb.org.au

Family Services

  • Child and family support
  • Parenting programs
  • Early learning and childcare
  • Domestic violence support

Counselling

Professional counselling services are available for individuals and families in need of emotional and psychological support.

Financial Support

  • Vouchers for groceries
  • Vouchers for clothing
  • Financial counselling

Aged Care Services

Catholic Care provides respite services to give temporary relief to primary caregivers of the elderly.

Referral: 4340 1585

  • Family support programs
  • Youth parent program
  • Grandparents raising grandchildren program
  • Children with additional needs program (assistance with NDIS, parenting children with disabilities, information about relevant services)

Referral:

Phone: (02) 4334 3877 or Email: cc@nsservices.com.au

Mosaic Multicultural Connections offers programs, support, and assistance to multicultural communities in settlement, families, young people, aged care, and community development.

Referrals:

Perinatal Intake line: 4328 7901

Family Care Cottage

Services with child and family health nurses and social workers for 0 – 5-year-olds and their carers.

  • Pregnancy support
  • Counselling
  • Sleep and settling assistance
  • Feeding issues
  • Group programs – Circle of Security and Tuning into Kids

Referral: 4328 7988

Services for 5 – 12-year-olds (Primary school age) provided by a clinical therapy team consisting of social workers, clinical psychologists, and a perinatal, child, and adolescent psychiatrist.

  • Family therapy
  • Child behavioural issues
  • Parent group programs – Circle of Security and Tuning into Kids
  • Child group programs – Anxiety, social skills, and anger (parent component completed alongside child group program)
  • Parent Child Interaction Therapy (PCIT)

Referral:

Requires a written referral from a health professional. Fax to: (02) 4328 7925 or Email: CCLHD-ChildHealth-OT@health.nsw.gov.au

Services for children aged 0-12 years focusing on:

  • Development
  • Gross motor skills
  • Fine motor skills
  • Self-care (dressing, eating, toileting, and sleep)
  • Playing
  • School (handwriting, organization, and getting ready)

Referral: 4328 7999

Services for children aged 0-16 years focusing on:

  • Eating and drinking
  • Word and sentence use
  • Speech
  • Use of voice

Referrals:

  • Gosford – 4304 7870
  • Wyong – 4394 9180
  • Lake Haven – 4394 9100

Services for 12 – 25-year-olds:

  • Youth mental health services (mild to moderate mental health issues)
  • Youth drug and alcohol services
  • LGBTQI+ support
  • Work and study support
  • Work Development Orders
  • Online and phone support
  • Parent group programs – Tuning into Teens

Are you or someone you know in need of support? Access a wealth of services from our dedicated community partners. From family services, mental health support, and aged care to programs for children, youth, and multicultural communities, help is just a call or email away. Don’t navigate these challenges alone—reach out today and connect with the resources designed to assist and empower you.

Get the support you need now!

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

    What Should I Wear to Court? Your Ultimate Fashion Guide.

    What Should I Wear to Court? Your Ultimate Fashion Guide.

    Court date coming up and unsure about what to wear? Don’t stress, Coastal Lawyers has you covered! We’re not just about legal advice – we’ve got a keen eye for fashion too. (Okay, maybe we just know a thing or two about making a good impression in court!)

    From our experience, the right outfit can boost your confidence and show respect for the court process. So, let’s dive into the do’s and don’ts of court attire with our top fashion tips for 2024.

    Comfort is key, but remember, it’s court, not a beach outing or a pub crawl. It’s a serious setting, so let’s dress the part. Think professional, not pajama party.

    First impressions last. While tattoos are increasingly accepted in society (and yes, some of us lawyers sport them too), the courtroom remains a conservative place. The Magistrate is more likely to appreciate your respectful attire over your latest ink.

    Dressing conservatively shows respect for the court process and signals that you’re taking the matter seriously. This won’t go unnoticed. Aim for a balance between looking sharp and feeling authentic. No one wants to be a nervous wreck in an ill-fitting suit or teetering on uncomfortable heels.

    Preferably, men should wear a suit and tie. If a suit isn’t your style, opt for dress trousers and a button-up shirt. Look polished but stay comfortable.

    For women, a pant or dress suit is ideal. Anything conservative and professional will do. Remember, you want to impress with your case, not distract with your outfit.

    • Plunging necklines
    • Singlets
    • Short skirts
    • Shorts
    • Thongs (flip-flops for our non-Aussie friends)
    • Visible tattoos and piercings

    If your wardrobe is lacking court-appropriate attire, head to your local op shop. You’ll be surprised what $20 can get you. Alternatively, put out a call on social media. Friends are often more than happy to loan you an outfit for the day.

    ADDITIONAL RESOURCES/INFORMATION

    If you’re heading to court for a criminal or traffic law matter on the Central Coast, Coastal Lawyers is here to help. We attend:

    • Gosford Local Court
    • Gosford District Court
    • Wyong Local Court
    • All Central Coast Children’s Courts

    At Coastal Lawyers, we provide clear and easy-to-understand legal advice. We pride ourselves on being frank, honest, and open with our clients. We lay out all your options in simple language, empowering you to make confident decisions about your future.

    Let your outfit reflect the respect you have for the court while staying true to who you are. And remember, Coastal Lawyers is always here to support you through the process.

    • Email: reception@coastallawyers.com.au
    • Phone: 1300 271 289

    Written by Coastal Lawyers- Central Coast Family Lawyers

    Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

    Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

    We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

    Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

    Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.