Forensic accountants have an important role to play in family law disputes.
In addition to their normal accounting qualifications, they usually have a special expertise based on experience in valuing businesses,locating hidden assets and unravelling and valuing complex corporate structures and trusts.
However while forensic accountants are important in disputes involving complex asset structures, they also assist in valuing small businesses and determining the nature and extent of the asset pool.
Sometimes forensic accountants are appointed as single experts by the court and at other times by the disputing parties jointly.
Mediators can help by engaging a forensic accountant on behalf of the parties to assist as a neutral expert at the mediation.
If the parties agree to engage a neutral expert and have them participate in the mediation, then substantial savings can result.
Mike Emerson
Co-Principal Brisbane Mediations
Monday, November 14, 2011
Wednesday, November 9, 2011
Issues of Parenting Arrangements for Very Young Children
The attached paper by principal Denise Britton specifically addresses the issue of parenting arrangements for very young children. http://bit.ly/tdAF9M
Tuesday, November 8, 2011
Court delays and mediation
A recent article in the legal affairs section of the Australian highlights the advantage of mediation in offering a speedy and readily available solution to people in conflict.
The article in The Australian on Friday 28 October 2011 outlined concern over delayed judgments in the Brisbane registry of the Federal Magistrates Court coinciding with a surge in the court's workload.
Although the Federal Magistrates Court deals with the majority of family law matters a shortage of magistrates is said to have led to extensive delays in the Bribane registry.
President of the Queensland Family Law Practitioners Association Deborah Awyzio is quoted as saying that the biggest problem associated with the delays in Brisbane was that parties awaiting judgment "essentially have to put their lives on hold".
One of the advantages of mediation is that it can be undertaken at any time and you don't have to wait for a court to be available to hear your dispute.
Whereas court proceedings are often drawn out which increases the costs, mediation can be organised and implemented quickly and usually completed in a day.If people reach agreement they can avoid the long delays in court judgments being delivered.
At mediation a person is able to present his or her case and hear the other person's version at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available.
The whole process can be organised and "done and dusted" quickly, enabling the parties to avoid the delay and uncertainty and above all the cost of court proceedings.
Mike Emerson
Co-Principal Brisbane Mediations
The article in The Australian on Friday 28 October 2011 outlined concern over delayed judgments in the Brisbane registry of the Federal Magistrates Court coinciding with a surge in the court's workload.
Although the Federal Magistrates Court deals with the majority of family law matters a shortage of magistrates is said to have led to extensive delays in the Bribane registry.
President of the Queensland Family Law Practitioners Association Deborah Awyzio is quoted as saying that the biggest problem associated with the delays in Brisbane was that parties awaiting judgment "essentially have to put their lives on hold".
One of the advantages of mediation is that it can be undertaken at any time and you don't have to wait for a court to be available to hear your dispute.
Whereas court proceedings are often drawn out which increases the costs, mediation can be organised and implemented quickly and usually completed in a day.If people reach agreement they can avoid the long delays in court judgments being delivered.
At mediation a person is able to present his or her case and hear the other person's version at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available.
The whole process can be organised and "done and dusted" quickly, enabling the parties to avoid the delay and uncertainty and above all the cost of court proceedings.
Mike Emerson
Co-Principal Brisbane Mediations
Monday, November 7, 2011
Mediation and Relationships
One of the advantages of Mediation is that it is less likely to harm on-going relationships than litigation. This is particularly important where people in dispute need to maintain an ongoing relationship - commercial arrangements between suppliers and customers; parenting relationships between separated parents who have parenting responsibilities to fulfil; or working relationships between co-workers who have clashed in the workplace.
Mediation is a process where disputing parties enlist the assistance of a neutral person (the mediator) to help identify issues in dispute and explore options and alternatives to reach an agreement that will accommodate their respective needs.
Litigation on the other hand involves parties using courts to review opposing factual versions of disputes and provide a decision based on the evidence provided by each side (in their affidavits or stories) of the dispute. The decision almost always effectively endorses one view of a case and rejects the other and often costs are awarded to the successful party, effectively punishing the other.
Litigation by its very nature highlights and accentuates differences – as presented in affidavits and as each counsel cross examines the other party to expose weaknesses in their version of events. Mediation , on the other hand, looks for common ground and strives for agreement.
Litigation encourages a winner take all approach whereas Mediation looks for a win/win outcome.
Considerable damage can be done to on-going personal relationships (for example, between parents or between beneficiaries under a will) where one person, in seeking to have his or her version accepted, has to try to destroy the other person’s case. Similarly, in the commercial field, time in court is highly unlikely to engender an ongoing relationship - particularly when at the end of the day one party is the victor and the other the vanquished, left to pick up the pieces.
When a result is imposed by a court, one party may leave the court room happy and the other disgruntled and bitter. Evidence given during the trial has most likely eroded the previous relationship even more and increased the chance that these two parties will struggle indefinitely to relate into the future –personally or commercially as the case may be.
At Mediation , however, seemingly warring parties often shake hands or communicate in a genial manner at the end of the day, with a copy of the signed agreement in hand as they head off. A result has been reached by consensus rather than by the imposition of a decision by a stranger. Dignity has been maintained and the vestiges of a relationship remain intact with a chance of enrichment in the future. In the commercial arena there is every chance that the parties will continue their mutually beneficial relationship, particularly where they have found a solution which ultimately takes account of and accommodates the needs (often different from the wants) of each.
It is easy to see why Mediation is often said to involve a saving, not only in material costs, but also in costs to relationships.
Mike Emerson
Mediation is a process where disputing parties enlist the assistance of a neutral person (the mediator) to help identify issues in dispute and explore options and alternatives to reach an agreement that will accommodate their respective needs.
Litigation on the other hand involves parties using courts to review opposing factual versions of disputes and provide a decision based on the evidence provided by each side (in their affidavits or stories) of the dispute. The decision almost always effectively endorses one view of a case and rejects the other and often costs are awarded to the successful party, effectively punishing the other.
Litigation by its very nature highlights and accentuates differences – as presented in affidavits and as each counsel cross examines the other party to expose weaknesses in their version of events. Mediation , on the other hand, looks for common ground and strives for agreement.
Litigation encourages a winner take all approach whereas Mediation looks for a win/win outcome.
Considerable damage can be done to on-going personal relationships (for example, between parents or between beneficiaries under a will) where one person, in seeking to have his or her version accepted, has to try to destroy the other person’s case. Similarly, in the commercial field, time in court is highly unlikely to engender an ongoing relationship - particularly when at the end of the day one party is the victor and the other the vanquished, left to pick up the pieces.
When a result is imposed by a court, one party may leave the court room happy and the other disgruntled and bitter. Evidence given during the trial has most likely eroded the previous relationship even more and increased the chance that these two parties will struggle indefinitely to relate into the future –personally or commercially as the case may be.
At Mediation , however, seemingly warring parties often shake hands or communicate in a genial manner at the end of the day, with a copy of the signed agreement in hand as they head off. A result has been reached by consensus rather than by the imposition of a decision by a stranger. Dignity has been maintained and the vestiges of a relationship remain intact with a chance of enrichment in the future. In the commercial arena there is every chance that the parties will continue their mutually beneficial relationship, particularly where they have found a solution which ultimately takes account of and accommodates the needs (often different from the wants) of each.
It is easy to see why Mediation is often said to involve a saving, not only in material costs, but also in costs to relationships.
Mike Emerson
Wednesday, November 2, 2011
Successful Mediation
Mediation involves people in dispute enlisting the assistance of a neutral third party (the mediator). It is the role of the mediator to help them identify their issues and explore options to resolve their dispute with the aim of reaching an agreement which accommodates the needs of each.
No Mediator has a magic wand though and so to reach a satisfactory and workable outcome, one or other or both parties must move towards meeting the needs of the other. The outcome is not necessarily in the middle, but will be somewhere between each person’s ideal solution. Where both parties are prepared to compromise, then the chances of a resolution increase immeasurably.
One of the distinct features of Mediation is that each party holds within themselves the power to achieve a resolution and to ensure they are able to live with the outcome. This is very different from a choice to go to court and hand over power and control to a third party (the judge) who will ultimately make a decision that one or the other or even neither party may be happy with.
Not only do Mediating parties retain control of any outcome, but if they do reach a solution, then the savings in both legal costs and emotional stress are usually significant. Such savings are worthwhile results in themselves.
Mike Emerson
Co-Principal Brisbane Mediations
No Mediator has a magic wand though and so to reach a satisfactory and workable outcome, one or other or both parties must move towards meeting the needs of the other. The outcome is not necessarily in the middle, but will be somewhere between each person’s ideal solution. Where both parties are prepared to compromise, then the chances of a resolution increase immeasurably.
One of the distinct features of Mediation is that each party holds within themselves the power to achieve a resolution and to ensure they are able to live with the outcome. This is very different from a choice to go to court and hand over power and control to a third party (the judge) who will ultimately make a decision that one or the other or even neither party may be happy with.
Not only do Mediating parties retain control of any outcome, but if they do reach a solution, then the savings in both legal costs and emotional stress are usually significant. Such savings are worthwhile results in themselves.
Mike Emerson
Co-Principal Brisbane Mediations
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