It wouldn`t be a Monday without a legal controversy on YouTube. Macfarlanes is a truly fantastic team that lends itself perfectly to international litigation. Tim brings extensive hands-on experience, legal knowledge and a proactive, results-oriented approach to the parties when acting as a mediator or facilitator for parties in conflict. Tim is particularly passionate about mediation and ensures that the parties feel heard, understood and satisfied with their agreement. His relaxed manner makes discussion, engagement and negotiation as transparent as possible. Michael`s involvement in many difficult litigation throughout his career meant that he presided over cases in all Victorian and federal courts, including the High Court. As a lawyer, he has participated in numerous mediations and has seen many cases where the independent intervention of third parties has resulted in the timely resolution of a dispute. Among the many lessons he learned, he found that on some occasions, a court decision led to new problems or unintended consequences. For a layperson attending mediation sessions led by a mediator who is also a family lawyer, the line between legal information and simple legal advice can be difficult to discern. We have assembled a team with expertise in key areas of litigation and dispute resolution and highly rated specialty practices in the following areas: I have not seen any data, but my understanding is that avoiding the MIAM requirement in K v K is not unique, but in fact typical of a large number of cases. I am concerned that a culture has developed in family court that accepts that the MIAM requirement is met more in violation than in compliance. If that is the case, it needs to be addressed.
The requirement for the applicant to participate in an MIY, unless validly exempted, is a legal requirement. Mediation advice prior to active participation in court proceedings has proven its worth in enabling some parties to resolve their differences quickly and amicably. Many disputes can be resolved without litigation or arbitration. We are experts in all forms of alternative dispute resolution and have the experience to advise you on when to use these methods and how they are best suited to your specific situation. My idea is that if there is to be a constraint, the mandatory event should be participation in an «IAM» and not a «MIAM». That is, the meeting, in which both parents must participate, should take place with a GP who can provide information [`I`), guidance and advice [`A`] more generally on parenting after separation or, where appropriate, solving financial problems. The advice would include basic neutral advice on the law and legal structure. In my view, it should also contain a description of «what normal looks like,» as proposed in the EI model.
McFarlane Legal is unique in the Australian legal landscape as a specialist and dedicated law firm where parties are personally served by Tim McFarlane, Michael Tehan and Sharan Safe, all highly experienced practitioners in a highly specialised area of law. Our list of dispute categories that have been resolved is impressive and shows the benefits of ADR procedures. Our services are available in the Victoria area as well as in all states and territories of Australia. The practice of family mediation is not my world, and this audience knows it much better than I do, but I guess mediators are distracted by the pure, principled mediation approach that prioritizes party autonomy. Separated parents and partners enter a strange world and are likely to welcome information about basic legal rules and some understanding of what a «normal» outcome of an argument like theirs might look like. «Family mediators do not express views or make value judgments. Their expertise and experience allow them to provide you with information that will help you understand the legal and financial issues. And they can lead you to the best legal solution in your case. When we litigate lawyers, our lawyers have the extensive experience to recommend the best strategy. The disputes we handle are of crucial importance to our clients and therefore to us. «My overall impression of the firm (the litigation department) is excellent.
The cooperation within the team is good, they are all diligent and provide excellent quality work. Particularly strong on cross-border issues. McFarlane Legal is a unique law firm engaged exclusively in dispute resolution using alternative dispute resolution techniques, primarily mediation and, where appropriate, facilitation. The court itself advertises on its website a short video entitled «You Can Separate Smarter.» It will be useful to see how Australia`s new law calms down and, in particular, how the broader focus on settlement through various means – not just mediation – has been effective. «Successful mediation fosters a solution that all parties can live with. With the right approach, there shouldn`t be a problem that can`t be solved. Another development that suggests that there is a growing interest in helping parents resolve disputes amicably is the introduction of a number of «new» types of mediation or other forms of intervention. In recent months, Family Law magazine has been debating new models of mediation. For example, the «psychodynamic model» used in mediation by The Mediation Space LLP (a team of experienced family law lawyers who are also qualified as mediators and/or psychotherapists) in the February issue, and in March, Lisa Parkinson presented the idea of an «ecosystemic» approach to family mediation. Marian Roberts responded to these and other developments in a timely and valuable article entitled «What Happens to Family Mediation» in the August and September issues with a call for caution and a revival of the fundamental principles of mediation. Advising Liontrust Investment Partners LLP in a landmark litigation in which the High Court ruled for the first time that the doctrine of dissenting breach did not apply to LLP contracts, a decision welcomed by LLPs across the city and beyond.
I could be wrong, but I suspect I`m not alone. If I am right, the message of what you are offering is not there or it is the wrong message. What mediation offers is a structured and secure environment where the parties to the dispute can discuss and hopefully resolve their problems. It is a professional help in problem solving. If someone has a breakdown, the commercial message is «Call AA, the 3rd emergency service». I think «family mediation» needs a slogan that is in larger print above the word «mediation,» along the lines of «Do you need to solve problems with your ex? Don`t go to court, call the FMA – we can help both of you find a way forward on your own terms. Mobile: 0409 965 610 Email: tim@mcfarlanelegal.com.au Todd McFarlane and Neil Gaiman have finally made peace after a nearly decade-long legal battle over the Spawn comic book series. In a settlement agreement filed Friday in a Wisconsin federal judge, Gaiman was confirmed as co-owner of the copyrights to two issues of the Spawn series and three issues of the controversial Angela series. The long legal battle was fiercely contested and showed what the final look at legal issues that can sometimes arise from creative collaboration could be. In September 2021, in addition to the introduction of a new unified family court in Australia, a requirement was introduced for parties to make a serious effort to resolve their dispute outside of court. Subject to certain exceptions, a family dispute resolution procedure is required before an application to the court can be made.