Tuesday, January 17, 2012

Mediation and Neutral Experts

Some time ago, I blogged about the important role that forensic accountants play in family law property disputes.

Mediators can assist by bringing in a forensic accountant on behalf of the parties to assist with the accounting and business aspects of the matter.

Of course the use of neutral experts is not restricted to accountants, as a recent mediation showed.

One party was seeking to relocate with the parties child to Europe to marry her new partner. The father, as is not unusual, opposed the relocation. The new partner had exhausted his tourist visa, however had trade skills and an option arose as to whether he could enter Australia and remain here as a skilled migrant.

In this instance, the parties agreed to adjourn the mediation to obtain expert advice from a migration expert. An alternative would have been to bring a neutral expert to the table to advise on the migration aspects.

If the parties agree to engage a neutral expert and have them participate in the mediation then a solution can often be found and expensive court costs avoided.

Mike Emerson
Co-Principal Brisbane Mediations

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