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  • Writer's pictureTemara Willis

The significance of full disclosure in family mediation

Updated: Dec 30, 2023

A person holding a money jar symbolises full disclosure's significance in family mediation for financial transparency and resolution.

Family mediation is an invaluable and cost-effective method for resolving disputes, particularly concerning financial and property matters. The success of mediation hinges upon all parties' willingness to fully disclose their financial and property information. This blog will delve into the importance of full disclosure in family mediation and clarify how clients can provide this essential information.

The importance of full disclosure in Adelaide Family Mediation

Full disclosure implies that each party must provide complete and accurate information about their financial status, assets, liabilities, and other pertinent financial and property details. This transparency holds significant importance for several reasons:

  1. Equity - The primary objective is to reach a just and equitable resolution. Without full disclosure, achieving this fairness becomes incredibly challenging, as one party may gain an unfair advantage by concealing assets or debts.

  2. Informed decision-making - To make informed decisions about property division, child support, spousal maintenance, and other financial matters, all parties require access to the same financial information. Without this crucial data, clients may agree to terms that do not reflect their true financial circumstances.

  3. Legal compliance - Australia has legal requirements for full financial disclosure. Non-compliance with these regulations may result in disputes being reopened in the future, causing delays and additional legal costs if the matter is disputed.

The process for clients to provide full disclosure

  1. Collect your financial documents - The first step in the disclosure process is to assemble all pertinent financial documents. These may include bank statements, tax returns, pay slips, mortgage statements, credit card statements, and any other financial records relevant to your case. It's essential to keep these documents well-organised for easy reference.

  2. List assets and liabilities - Compile a comprehensive list of your assets and liabilities. This should encompass real estate, vehicles, investments, superannuation accounts, personal property, and outstanding loans or credit card debts. Ensure you include estimated values and current balances to be as comprehensive as possible.

  3. Share information with Adelaide Family Mediation - During your mediation sessions with Adelaide Family Mediation, be prepared to share your financial information. Our mediators are experts who are well-versed in handling sensitive data confidentially and impartially. Clear and transparent communication with the mediator is crucial.

  4. Review the other party's disclosure - As part of full disclosure, it's necessary to review the financial information provided by the other party. Review their documents and lists of assets and debts carefully. If you have any questions or concerns, don't hesitate to address them with the mediator.

  5. Keep information current - If your financial circumstances change throughout the mediation process, updating the information provided to the mediator and the other party is essential. Timely updates ensure that all parties are working with the most current and accurate data.

  6. Be open to compromise - Adelaide Family Mediation services are about reaching mutually agreeable solutions. Be open to negotiation and compromise, always keeping in mind the principles of equity and the best interests of any involved children.

Full disclosure is the bedrock of successful financial and property family mediation. When all parties are open and honest about their financial positions, reaching fair and lasting agreements becomes significantly more attainable. Mediation empowers Adelaide families to take control of their future, and by embracing full disclosure, you can ensure that the outcomes are genuinely tailored to your unique needs and circumstances.

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