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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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My exhusband and I have had 6 mediations over the past 8 years

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My exhusband and I have had 6 mediations over the past 8 years to attempt to try and finalise orders for our three children. Each time he has made it impossible due to work changes, to come to a conclusion. About 12 months ago I also received an exemption from receiving child support because of endless verbal abuse from him but about 2 months ago reregistered and this has upset him. About a month ago I received a letter from a solicitor informing me of his decision to go for 50/50. We are not in the process of going through mediation (with a barrister) and then probably heading to court. We have three children, the youngest of whom is disabled and he (my ex, their father) has refused to have him in his care as much as the other two. I am nervous about the mediation seeing as it is with a barrister and our solicitors. I have never had a mediation with a solictor before. My question is this; will my solicitor be 'doing the talking' during the mediation, or will I. I'm just nervous.
Hello and thank you for your question.

If you are having a lawyer or barrister at the mediation then they speak for you if you are more comfortable with that. There is no absolute rule which prohibits you from talking, but as long as you have a representative there, and are present yourself, then the mediation can proceed on the basis your lawyer speaks for you.

I trust the above clarifies.

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