$468m in funding for mediation

LEADING family lawyers have welcomed a $468 million investment in much-needed mediation services, but have warned it will not solve the crisis facing Australia’s family court system.

The commitment from the Federal Government will fund family relationship centres and other mediation services aimed at resolving disputes before they reach court.

Slater and Gordon Family Law Practice group leader Maria Monastiriotis said the funding would go a long way towards supporting families, but the courts should not be neglected.

“Increased funding for mediation services is an excellent investment that will assist many families, but it won’t solve the crisis facing the family courts,” Ms Monastiriotis said.

“At the moment, the delay for family court hearings is up to four years in some states on average.

“To put that in perspective, the advice I was giving clients when I started practising 25 years ago was that their matter would reach hearing within a year.

“Anecdotally, the delay has quadrupled over the last quarter century in some parts of Australia, notwithstanding the introduction of the federal circuit court and numerous other legal reforms designed to streamline the process.”

Ms Monastiriotis said the delays were having a detrimental effect on children.

“It could be as simple as a property matter or as complex as a custody arrangement – when parents are constantly in conflict it has a direct impact on children,” Ms Monastiriotis said.

“Families are essentially in a holding pattern while litigation is ongoing, which is an uncertain and mentally distressing experience for children at a crucial stage of their development.

“Mediation services can assist, but some matters cannot be resolved without a hearing, especially those involving domestic violence and mental illness where children are most at risk.”