WHEN MEDIATION WORKS BEST, AND WHEN TO AVOID IT

Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.

WHEN CAN YOU USE MEDIATION?

Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.

Family Law Mediators Brisbane

Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.

Mediation can be used to address:

• Custody and visitation
• Child Support
• Spousal Support
• Property distribution in divorce
• School enrollment
• Disagreements over medical treatments for the children
• Post-judgment modifications to custody and visitation orders

Civil Justice for Victims of Crime

Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.

When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.

THE MEDIATION PROCESS

For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.

On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties’ respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).

WHEN MEDIATION WORKS BEST

Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:

Come Prepared With the Information They Need to Make Key Decisions

It is best to do your homework before coming to the mediation table. In the family law context, this could include:

• Creating a spreadsheet with all your financial accounts and retirement assets,
• Collecting credit card and bank account balances
• Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
• Vetting schools or child-care facilities and finding out whether they have a space for your children
• Creating a household expense budget for use in deciding an alimony award
• Identifying therapists or other experts that may help meet case-specific goals

In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:

• Identify desired results
• Gather supportive and compelling evidence to support your claim of damages in a civil case

Keeping the Focus on Practical Solutions for Recovery

If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.

It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.

WHEN MEDIATION DOESN’T WORK

Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.

When Do Things Go Wrong?

Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.

Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.

In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.

Article Source: Family Law Mediators 

Which of the following statements best describes your right to work in Australia? Employment Law & Lawyers

 

What Is Employment Law?

If you are an employee in Australia, all of the terms of Australian employment law are for you. These terms ensure that an employee should work comfortably, and a safe and secure environment should be provided. There should be no bullying, discrimination, and harassment in that environment and your right to work in Australia depends on employment law.

If you are an employer, then you should follow the employment law. It will boost your professional image, and it will also fetch the best talent for your company.

The rules and regulations vary in different states, territories, and it also changes according to the business. You should know which law applies to your business.

What is the Importance of Legislation in the Workplace?

When it comes to workplace policies and procedures, legislation is the most important and common one. The legislation is common in all the national systems of employers all around Australia. You should know about it because it does not change in any state, territory, or business.

The legislation puts the responsibility on the employer to give their employees absolute rights, and they all should be treated equally.

Types Of Legislations:

Let’s discuss the Essential workplace Legislations:

Fair Work Act 2009:

This legislation establishes a national workplace standard between the employer and the employee. This act provides the employee with the minimum entitlements by using the federal minimum wage, National employment standards, and modern awards. It also allows flexible working conditions, protects the employees from unfair dismissal, and it ensures that all the employees are treated equally and fairly.

This legislation applies to all types of businesses and industries all across Australia.

There are still some workplaces where this act is not applicable. For instance, in Western Australia, this act does not apply to the following:

• Partnerships
• Unincorporated entities
• Sole traders
• Non-trading corporations

State And Federal Anti-discrimination Laws:

There are many acts in Australia. These are made to maintain equality between employees and to protect them from harassment in the workplace. Legislation at the federal level is available, which protects employees from inequality. All employees are equal despite age, gender, marital status, religion, and more.

Each territory follows its legislation regarding discrimination and harassment, which protects the employees at the workplace. This legislation is made to maintain equality between employees at all kinds of workplaces.

Work Health And Safety Act 2011:

As the name explains, this legislation protects the employee’s health and safety at the workplace. This act also protects the health of people who are affected by work like customers or visitors.

This act also covers consulting workers and making penalties. It covers many other regulations and procedures, which makes the employees feel safe and secure no matter where they are working. If you are an employee and you need help regarding health and safety, you should contact employment lawyers. If you are in Brisbane, Gold Coast, or Sunshine Coast, you can get one of the best employment lawyers in Brisbane that is an Aylward game.

Disability Discrimination Act 1992:

This act will provide you with equality if you are disabled. This act states that it is illegal to treat an employee unequally if he or she is disabled. It also applies to employees who have relatives, co-workers, or friends who are disabled.

The disability does not only apply to physical conditions but also applies to intellectual or psychiatric disorders.

So, employment law covers all the needs of an employee. Employment law strictly fights against inequality between workers.

Rights Of Employers In The Workplace:

If you are an employer, you have some rights and also some responsibilities. We have mentioned below the essential duties of an employer:

• Your working space should be safe.
• There should be no bullying, inequality, or sexual abuse.
• You should provide all employees with the required training, resources, and guidance which they need for work.
• Don’t forget to inform the employees of their responsibilities and rights.
• It would be best if you gave them practice for self-defenses and there should be a first aid kit at the workplace.
• You can report the injuries to Safe Work Australia.
• You should have protective clothing in the workplace, and the employees should know how to use it.

As an employer, you can stay up-to-date about your rights and responsibilities by seeking advice from a workplace relation specialist. Employers are responsible for checking your right to work in Australia and may ask to see your passport or other identification. Employers must have your permission to check your work rights. The Department of Immigration and Citizenship to verify your right to work in Australia. They can tell you about your rights and will also update you if there is any change in the legislation. You will feel relaxed if you have knowledge and support that relates to Australian employment law.

Aylward game can help you with that. We are well aware of Australian employment law. Either you need to know about employment agreement or employment law in Brisbane we can help you with that. You can contact us to know more. Any questions in relation to your Right to Work in Australia, Please Book Free Appointment for getting an answer from Mark Game

You will have many questions regarding the employment law, we have tried to answer the most common of them.

Is it legal for my employer to see my Internet Activities?

The employer can monitor your internet activities at the workplace. But, the employees should be informed about the policies of the company.

Is it legal for my employer to see my Email Content?

In Australia, it is legal for an employer to see the email content according to the workplace policies and procedures. The employer should clear all the guidelines to the employees so that they can understand their responsibility.

Should I inform my employee before Monitoring?

You will have to inform the employee before starting the monitoring. You will also need to tell them the nature of monitoring, whether it is permanent or it is for just a specific time. According to the workplace surveillance act (2005), an employer cannot monitor employees before giving written notice. The written information should be provided 14 days before the monitoring.

Article Source: Right to work in Australia

Which of the following statements best describes your right to work in Australia? Employment Law & Lawyers

What Is Employment Law?

If you are an employee in Australia, all of the terms of Australian employment law are for you. These terms ensure that an employee should work comfortably, and a safe and secure environment should be provided. There should be no bullying, discrimination, and harassment in that environment and your right to work in Australia depends on employment law.

If you are an employer, then you should follow the employment law. It will boost your professional image, and it will also fetch the best talent for your company.

The rules and regulations vary in different states, territories, and it also changes according to the business. You should know which law applies to your business.

What is the Importance of Legislation in the Workplace?

When it comes to workplace policies and procedures, legislation is the most important and common one. The legislation is common in all the national systems of employers all around Australia. You should know about it because it does not change in any state, territory, or business.

The legislation puts the responsibility on the employer to give their employees absolute rights, and they all should be treated equally.

Types Of Legislations:

Let’s discuss the Essential workplace Legislations:

Fair Work Act 2009:

This legislation establishes a national workplace standard between the employer and the employee. This act provides the employee with the minimum entitlements by using the federal minimum wage, National employment standards, and modern awards. It also allows flexible working conditions, protects the employees from unfair dismissal, and it ensures that all the employees are treated equally and fairly.

This legislation applies to all types of businesses and industries all across Australia.

There are still some workplaces where this act is not applicable. For instance, in Western Australia, this act does not apply to the following:

• Partnerships
• Unincorporated entities
• Sole traders
• Non-trading corporations

State And Federal Anti-discrimination Laws:

There are many acts in Australia. These are made to maintain equality between employees and to protect them from harassment in the workplace. Legislation at the federal level is available, which protects employees from inequality. All employees are equal despite age, gender, marital status, religion, and more.

Each territory follows its legislation regarding discrimination and harassment, which protects the employees at the workplace. This legislation is made to maintain equality between employees at all kinds of workplaces.

Work Health And Safety Act 2011:

As the name explains, this legislation protects the employee’s health and safety at the workplace. This act also protects the health of people who are affected by work like customers or visitors.

This act also covers consulting workers and making penalties. It covers many other regulations and procedures, which makes the employees feel safe and secure no matter where they are working. If you are an employee and you need help regarding health and safety, you should contact employment lawyers. If you are in Brisbane, Gold Coast, or Sunshine Coast, you can get one of the best employment lawyers in Brisbane that is an Aylward game.

Disability Discrimination Act 1992:

This act will provide you with equality if you are disabled. This act states that it is illegal to treat an employee unequally if he or she is disabled. It also applies to employees who have relatives, co-workers, or friends who are disabled.

The disability does not only apply to physical conditions but also applies to intellectual or psychiatric disorders.

So, employment law covers all the needs of an employee. Employment law strictly fights against inequality between workers.

Rights Of Employers In The Workplace:

If you are an employer, you have some rights and also some responsibilities. We have mentioned below the essential duties of an employer:

• Your working space should be safe.
• There should be no bullying, inequality, or sexual abuse.
• You should provide all employees with the required training, resources, and guidance which they need for work.
• Don’t forget to inform the employees of their responsibilities and rights.
• It would be best if you gave them practice for self-defenses and there should be a first aid kit at the workplace.
• You can report the injuries to Safe Work Australia.
• You should have protective clothing in the workplace, and the employees should know how to use it.

As an employer, you can stay up-to-date about your rights and responsibilities by seeking advice from a workplace relation specialist. Employers are responsible for checking your right to work in Australia and may ask to see your passport or other identification. Employers must have your permission to check your work rights. The Department of Immigration and Citizenship to verify your right to work in Australia. They can tell you about your rights and will also update you if there is any change in the legislation. You will feel relaxed if you have knowledge and support that relates to Australian employment law.

Aylward game can help you with that. We are well aware of Australian employment law. Either you need to know about employment agreement or employment law in Brisbane we can help you with that. You can contact us to know more. Any questions in relation to your Right to Work in Australia, Please Book Free Appointment for getting an answer from Mark Game

You will have many questions regarding the employment law, we have tried to answer the most common of them.

Is it legal for my employer to see my Internet Activities?

The employer can monitor your internet activities at the workplace. But, the employees should be informed about the policies of the company.

Is it legal for my employer to see my Email Content?

In Australia, it is legal for an employer to see the email content according to the workplace policies and procedures. The employer should clear all the guidelines to the employees so that they can understand their responsibility.

Should I inform my employee before Monitoring?

You will have to inform the employee before starting the monitoring. You will also need to tell them the nature of monitoring, whether it is permanent or it is for just a specific time. According to the workplace surveillance act (2005), an employer cannot monitor employees before giving written notice. The written information should be provided 14 days before the monitoring.

Article Source: Right to work in Australia 

What is an out of court settlement and when Is Civil Litigation Necessary?

 

The process of resolving a dispute between two parties through the court system is known as civil litigation. It can occur when one party wants to sue another over things like unpaid debts, the breach of a contract, negligence, and a whole host of other circumstances.

Ideally, you want to make the process of civil litigation the last resort if possible, as it can be drawn out and costly. Therefore, is civil litigation entirely necessary to resolve a dispute? Are there other options open to both parties to more amicably come to a satisfactory agreement or solution?

Try Negotiating An Out of Court Resolution of Court Settlement before commencing civil litigation

Often times agreements can be reached outside of the court processes. This can be a lot less stressful, as well as easier on the wallet.

In the case of a debt that is owed, for example, perhaps a payment plan to chip away at the debt can be agreed upon.

When is Civil Litigation Required?

In the case of breach of contract, perhaps amendments to the contract can be negotiated to find a satisfactory resolution for both parties without the need to ever see the inside of a courtroom.

Whether you decide to proceed with civil litigation or not, you’ll need legal representation; a lawyer who is an expert in litigation cases. Your lawyer can also help you come to an agreement with the opposing party, and quite possibly negotiate a deal that doesn’t involve having to take the matter to court.

In Brisbane speak with your civil and commercial litigation experts at Aylward Game Solicitors to try and negotiate an out-of-court resolution and settlement. Even if you just need some helpful advice to know what your rights are and where you stand, we are the team to call. Take some of the stress out of the situation and make arrangements to meet with one of our experts today. It’s well worth it for your peace of mind.

Article Source: Civil litigation

How the Australian Priority Skilled Occupation List Update probably affects you

 

The Department of Home Affairs has recently updated the Priority Migration Skilled Occupation List (PMSOL). In this article, we elaborate as to how this may affect you if you have not lodged your Skilled visa application yet.  

What are New? 

The Department has added 22 new occupations to the Priority Migration Skilled Occupation List (PMSOL). Those offshore applicants who have Australian businesses willing to sponsor can now apply and upon approval, seek to enter Australia. However, that does not mean the applicants can quickly get any visa. They are still subject to the usual Department’s process with the exception that they will be given priority in having their applications assessed and further will be subject to quarantine arrangements at their own expense.

The PMSOL also includes Medical Laboratory Scientist, Multimedia Specialist, Software and Applications Programmers as well as Chef.

What are the other Affected Occupations?

The Department in line with its policy to support Australia’s tourism and hospitality sector has provided more flexibility during the COVID-19 Pandemic period. For instance, the Government will remove the existing work hour caps for Student Visa holders employed in the tourism and hospitality sector. Previously, a 40-hour fortnightly limit applied during study periods.

Other changes include, temporary visa holders will be able to access the 408 COVID-19 Pandemic Event Visa for a period of 12 months if they work in the tourism and hospitality sector. They will be able to apply for the 408 COVID-19 Visa up to 90 days before their existing visa expires and then remain in Australia for up to 12 additional months.

Travel Exemptions 

The Commissioner of the Australian Border Force may grant an individual exemption if the individual is a non-citizen and is found eligible to meet the criteria in either of the following circumstances:

• Traveling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response.
• Providing critical or specialist medical services, including air ambulance, medical evacuations, and delivering critical medical supplies.
• With critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, aged care, agriculture, primary industry, food production, and maritime industry).
• Delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large-scale manufacturing, film, media, and television production, and emerging technology), where no Australian worker is available.
• Providing critical skills in religious or theology fields.
• Sponsored by an employer to work in Australia in an occupation on the PM SOL.
• Whose entry otherwise be in Australia’s national interest, supported by the Australian Government or a state or territory government authority.

Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.

Article Source: priority migration skilled occupation list

Divorce Property Settlement and Child Custody

 

Settlement of family law issues after separation deals with the most basic and raw emotions. Putting one’s life and that of your family into documents and letters is a process that can make a person feel empty and emotional.

Divorce Property Settlement Brisbane and Child Custody are often at the front of mind for those facing separation or divorce.

Collaborative practice is one way in which separated parties can resolve issues quite quickly. The first meeting can be a little uneasy but once the process is explained to everyone and being able to talk things out and express your points of view with your collaborative practitioner makes the process much easier. Collaborative practice allows parties to talk without just being a person on a page of a document. Professionals such as counselors and accountants can also be included who can assist in working through issues and help reach a resolution. In a collaborative practice meeting if you feel you are unable or uneasy about putting your point of view across then your collaborative lawyer will help you and be by your side every step of the way.

Read more: Divorce Asset Split In Australia: Who Gets What In A Property Settlement?

Today’s world of electronic communication can be impersonal and dealing with issues that affect you and your family’s future in this way is not always the best way for resolution. It is always easy to criticise and argue when it’s written on a page or screen. Dealing face to face can be difficult but usually brings out the truth and helps people realise the consequences of their actions. Collaborative practice is a very good way to finalise financial and children’s issues after a breakup in your relationship.

To find out more about the collaborative practice and Divorce Property Settlement Brisbane please call 1800 217 217

Article Source: Divorce Property Settlement Brisbane