Divorce + Separation Property Settlements

If you and your partner separate, one of the more difficult tasks you will have to consider is how to divide the property and assets that you own. De facto separation and divorce settlement mediation relates primarily to parties (couples) deciding and agreeing on the division of assets after separation, including property, vehicles, pets and outstanding debt. The key issues usually centre on who gets what, when they receive it and how this split is implemented – what, when and how.

At Fresh Start, we understand that protracted legal disputes are costly and drawn-out and can ultimately lead to a reduction of the shared property pool. To avoid this outcome, we work with parties at mediation with the shared goal of coming to a mutual agreement regarding the division of property between them, saving time and costs associated with ongoing legal fees and the lengthy court process.

An accredited mediator will work with you and your former partner to move through the following process:

  • Identify and value assets
  • Assess contributions made by the parties (direct and indirect)
  • Assess future needs
The goal of mediation is for the parties to come to an agreement on how to divide their assets and property between them, in a way that is holistically fair so each person can move on in life.
Find out more about mediation involving parenting HERE

Binding Financial Agreements

An agreement reached at mediation can be formalised between each party’s lawyer so that it is legally binding. This means that if one party breaches the agreement you can apply to court for enforcement.

Benefits of mediation vs court

  • Fast + efficient

    Mediation usually takes between a half and full day, which is much faster and more efficient than going through the court system.

  • Confidential + private

    Mediation is a confidential process held in a private setting. Matters heard and decided in court are recorded and remain on the public record.

  • Informal + flexible

    Mediation is an informal process where the mediator acts as a supportive and neutral presence for both parties. Courts are formal, intimidating and the process can be difficult to follow.

  • Cost-effective

    Mediation costs significantly less than going through the court system and prevents parties from spending thousands of dollars on legal fees.

  • Control

    Mediation allows parties in dispute to participate directly in the process of reaching agreement giving parties more control over the outcome. In court, the outcome is decided by the judge.

  • Promotes communication

    Mediation promotes direct communication between the parties, helping them work together towards an agreement. In court, each party faces off against the other in an adversarial and combative environment.

Face to Face Mediation + Online Mediation

At Fresh Start mediation we offer face to face mediation or online mediation.

We assist parties to resolve disputes in an environment that is informal, neutral and fair, so that agreements reached are durable and long-lasting, offering parties peace of mind to move forward into the future.

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Online mediation offers a practical and accessible alternative to face to face mediation for parties who do not reside in the same location or do not wish to be in the same room for their mediation.

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Getting started with an intake session

The mediation process begins with an intake session, which occurs on a separate day prior to the mediation.

The pre-mediation intake session is a separate and confidential meeting between the mediator and each individual party. It can happen over the phone, online or as an in-person meeting. Each party must go through the intake session individually before we can proceed to the mediation.

The purpose of this first step is for the mediator to understand the circumstances of your situation and dispute – what brought you to mediation, what you hope to achieve from mediation and anything else we may need to know about you and your situation that could impact the mediation. For example, whether you feel comfortable being in the same room as the other party, or whether you prefer online mediation. The more we know about your situation, the better placed we are to facilitate the mediation successfully.

The intake session also gives us a chance to go through each phase of the mediation process with you, ensuring you understand exactly what to expect on the day.

The intake session also gives the mediator the chance to assess whether your dispute is appropriate for mediation. Instances where mediation may not be an alternative to the courts would be in the case where there is a serious safety concern via an emotional, physical or psychological threat to one of the parties, or if one party flatly refuses to participate.

As a starting point, we encourage you to give us a call and have an obligation-free chat about mediation and how it may be suited to your situation.

Start the mediation process by booking your intake meeting HERE

Give Fresh Start a call for an obligation-free discussion

At Fresh Start Mediation we understand you will probably have some questions. Fill in your details HERE and one of our team will give you a call, otherwise you are welcome to call us.

Fresh Start Mediation services the whole of Australia, offering face to face and online mediation options.