So what is Mediation?

 

Mediation is a voluntary and confidential negotiation process in which a professionally trained mediator helps you and your partner to identify, address and resolve the issues surrounding separation and divorce.

How it works

Mediation takes place over one or more meetings.

The mediator facilitates discussion but does not provide any legal advice or make any decisions, which means that ultimately the solutions in mediation are created by you and your partner. The mediator remains neutral at all times, simply managing the process and assisting with the exchange of information and the development of the divorce settlement.

You are both free and encouraged to obtain legal advice about legal issues that arise during the course of the mediation.

 

Mediation has a high success rate. Lawyers can represent parties in the mediation process but often parties attend mediation without a lawyer. 

Visit our website for more information www.baysidecollaborative.com.au 

Is the Collaborative process right for me?

You may be asking yourself what the Collaborative Process is and whether it is right for you.

Collaborative Practice:-

• Gives you direct control over outcomes.

• Promotes consensus and agreement.

• Minimises conflict.

With Collaborative Practice, the focus is on achieving solutions that meet your individual needs and requirements. The process is underpinned by a commitment to resolve issues by agreement without the involvement of the family law court or the threat of litigation.

The next step would be for you and your partner to each choose a Collaboratively Trained Lawyer. The lawyers need to work well together as this is one of the key factors in the success of the process. Your partner’s lawyer may suggest the names of other collaboratively trained lawyers they have worked with well in previous cases.

How it works

The discussion and negotiation in Collaborative Practice takes place through a series of meetings involving you and your partner and your collaboratively trained lawyers.

Other professionals including child specialists, financial experts and valuers can be brought into the process as required. These specialists work with you and your lawyers to identify, explore and resolve the concerns of both parties.

Collaborative practice requires complete, open, honest and transparent disclosure of all information. It’s very effective and has a success rate of about 95%. 


Visit our website for more information www.baysidecollaborative.com.au 

Mother's Day

How will you be celebrating Mother’s day this year? 

Many families celebrate Mother’s Day by showing their appreciation for the achievements and efforts of their mothers and mother figures. Some mums get breakfast in bed, some flowers and chocolates, some mums simply seek peace and quiet.

Families are ever evolving and come in all shapes and sizes in today’s society. For separated families Mother’s Day can be a day as complicated as birthdays and Christmas requiring months of preparation and planning. 

It is helpful to plan ahead and to try and reach an agreement as to who the children should spend time with on important days of the year such as Mother’s Day. This avoids confrontation, anxiety and stress in the lead up to the occasion. It is important to remember during negotiations that it is not what is convenient to you that is important but what is in your child’s best interests.

At Bayside Collaborative we offer a range of ways to resolve issues between you and your spouse or partner. We will help you reach an agreement and formulate a parenting plan which will reduce conflict and acrimony between you. This in turn leads to better relationships and outcomes for all the family.

Don’t forget this year Mother’s day falls on the 14^th May 2017.

Visit our website for more information www.baysidecollaborative.com.au 

Anzac Day

In this week we have honoured Anzac day.  April 25^th is one of Australia’s most important national holidays. It marks the anniversary of the First Major Military action fought by Australian and New Zealand forces during the First World War. Generations of families and friends coming together to remember those that gave their lives during the First World War. It’s also a time to reflect and be thankful for your friends – your mates.

The term ‘Mateship’ can be traced back to early colonial times when men and women relied on one another for all sorts of help during hard times. It’s a term that implies a shared experience, unconditional assistance, going beyond that of friendship. Mateship is often used amongst men and became prevalent during the First World War during the challenging times male soldiers were faced with.

Over the years “Mateship” has become an Australian idiom embodying friendship, loyalty and equality. Friendships are some of the most important relationships a person has in their life with many a memory having been made with a friend. A mate is there when times are good and also when times are tough.

Friends can be the first person to notice a change in a friend. Not knowing what to do or say at times can be hard, frustrating and upsetting. It can also be emotionally challenging. You may notice a friend has stopped calling you, has become withdrawn or their behavior has changed. Being there for your mate and knowing what to do can in itself be difficult.

We have set out below some pointers to help you help your mate when times are tough.

• Encourage your mate to talk to other people, be it a counsellor, a lawyer, a family member or you.
• Be informed – do some research into what your mate is going through. Being able to understand what your mate is experiencing will reassure them.
• Let your mate know you care – tell them
• Be physical – give your mate a hug
• Do something together – perhaps something unique to the two of you. This will help your mate take their mind off the problem and have some fun
• Listen – just by being there and listening can be invaluable support for your mates.

Take time to catch up with your mates. Give your mate a call and let them know you are there for them.

At Bayside Collaborative we are here to help your mate who may be contemplating or going through a separation work through their issues in order to make decisions that are right for them.

www.baysidecollaborative.com.au

Finances and property following separation

When people separate they usually need to decide how to divide their property (assets) and debts (liabilities). For most this can be a daunting and emotional task coupled with the separation itself. There is no set formula in family law as to how your assets and liabilities are shared between you but rather will depend on your individual family circumstances.

It is helpful to prepare a list of the assets and liabilities at the time of separation, by working out what you have, what you owe and what they are worth. This is likely to involve a valuation of the family home. Assets and Liabilities can be in joint names, in your sole name or in the name of a company.

Assets can include:

• The family home
• Savings
• Investments
• Investment property
• Shares
• Cars, motor bikes, boats
• Inheritance
• Household items such as furniture and jewellery 
• Superannuation
• Companies
• Income 

Liabilities can include:

• The mortgage on the family home
• Credit card balances
• Loans and personal debt

Reaching an agreement through Collaborative practice has many advantages. It saves both parties time and money and you make your own decisions. This is turn has a positive effect on continuing parenting and communication between both separating parties.

We have an online service via our website that can help you create your own asset list.

At Bayside Collaborative we will listen carefully to your needs and goals. We will assist you in achieving an agreement and then formalising the agreement either by way of a consent order or financial agreement.

Please visit our website www.baysidecollaborative.com.au to find out more. 

Easter Time

Easter is a time of celebration, forgiveness and moving forward. Whilst children are looking forward to chocolate Easter eggs school holidays can be especially difficult where parents have separated as there may be issues in relation to the children and the time they spend with each parent. Family breakdown is never easy but by agreeing holiday arrangements in advance the potential for conflict is minimized and both parents and children can move forward with the children's best interests in mind.

Lines can often blur in the emotion with both parents believing they are acting in their children's best interests. It can sometimes turn into a competition between parents as to who the children are spending the most time with and the children themselves become lost in the discussions.

Where possible negotiations as to holiday arrangements should be between parents and not in the presence of the children. It is important children do not feel a sense of guilt in relation to the time they spend with their parents, they want to be having fun.  If face to face discussions are not possible then consider other means to plan arrangements such as an email, phone call, friend or family member assisting.

The children themselves may have commitments during the holiday period such as birthday parties, play dates or sporting activities, they too need to be factored into the arrangements as important social events for the children. Think about who is going to take the children to the events and whether there are overlapping commitments where one parent may need the assistance of the other parent.

If you have separated from your partner and are experiencing difficulties in relation to arrangements for your children then contact us at Bayside Collaborative. With our professional assistance we can help separating couples work together collaboratively to achieve a solution that works for you all as a family and one which is child focused. 


Please visit our website for further information www.baysidecollaborative.com.au

Laughter

The end of March welcomes the start of Melbourne International Comedy Festival which runs through to the 23^rd of April. Whilst scrolling through the various acts and comedians, pondering whether to book tickets I began to smile at the thought of an evening’s entertainment full of laughter and clicked the ‘purchase now’ button. I knew instantly regardless of whether I understood or appreciated the jokes, there would be laughter as laughter is, after all, contagious.

We all lead busy stressful lives and often laughter is forgotten. There are many health benefits to laughter, it bonds us together and can lift our spirits with many a relationship having been formed after sharing a smile or laughing together. It can have a powerful and positive effect on our physical, emotional, social health and wellbeing.  Laughter can boost our immune systems and can help us to sleep.

When a relationship is coming to an end it can be a very stressful and anxious time for everyone involved. The road ahead may appear uncertain in terms of family life and financial security and you may question what there is to smile or laugh about. The ability to laugh or smile when times are tough can also help build resilience and act as an effective distraction from things that cause anxiety and stress. It can also act as a mild antidepressant as laughter boosts the production of serotonin, a natural anti-depressant.

At Bayside Collaborative our approach is to reduce conflict and acrimony which in turn leads to better relationships and outcomes. We provide family law advice and support that is tailor made to meet your needs and circumstances.

Please visit our website for further information www.baysidecollaborative.com.au