Property mediation the key for couple in deadlock

42 year old Nancy decided to leave a marriage of two decades that was plagued with family violence and social control. The last straw was when Peter was diagnosed with depression but chose to turn to alcohol instead of seeking support.

After the separation, Nancy sought support from a psychologist and a family violence agency. She also took out an intervention order against Peter who was harassing her for a reconciliation. Nancy wanted to sell their family home and begin a new life in a different state.

Nancy hired a lawyer to liaise with Peter on her behalf. Peter initially agreed to the negotiations but when the legal process began, he insisted that he would only go through with it if Nancy met him in person to discuss the matter. Nancy rejected this condition. When it was clear the couple had reached an impasse, their lawyers referred them to Better Place Australia for property mediation.

The FDR specialist began with a property mediation assessment that involved taking Peter and Nancy through their asset and liabilities list. When Nancy viewed Peter’s list she realised that he hadn’t included his business on it. The FDR specialist raised this with Peter who argued that it was a family business which he owned with his siblings, and refused to put the business on his list.

The FDR specialist expressed understanding but also emphasised the importance of full disclosure of assets and liabilities in the mediation process. The FDR specialist recommended that Peter consult his lawyer if he was adamant about leaving out the family business from the list.

After a few more mediation sessions, Peter disclosed his share of the business which was then added to the assets and liabilities list. Both parties continued discussing their individual contributions and future needs. The FDR specialist guided them in drawing up different proposals and exploring each one thoroughly.

Peter and Nancy eventually came close to reaching an agreement and decided to hand matters over to their lawyers to wrap it up. The property was sold six months after their final property mediation session. Nancy acknowledged that the FDR specialist and her individual counselling sessions were key in helping her overcome the challenges she faced during the mediation. The sessions also gave her the confidence she needed to move on.

Nancy said, “I didn’t think property mediation would help, but I’m pleased with the outcome. The process was smooth and I felt supported throughout it. I would still be stuck in my old life if not for it.” 

 

Better Place Australia family dispute resolution service

The mission of Better Place Australia is to empower people to become more resilient, enjoy healthier relationships and support them through challenging times. When it comes to separating smarter, Better Place Australia family dispute resolution service and property mediation may be the mediation you need. For help, contact us today.