Shows
A Lawyer and a Mediator Walk into a Bar2025 changes to Australia’s Family Law Act - DisclosureIn this episode, Paula dials in from Tonga, where she’s currently on secondment helping to establish a new family law service. She and Dianne explore the latest changes to Australia’s Family Law Act, with a focus on one of the most significant updates: the formal introduction of a duty of disclosure.For the first time, the legislation places a clear obligation on practitioners to inform clients of their responsibility to disclose financial and other relevant information during separation. Paula and Dianne break down what this means in real terms, why it’s so important, and ho...2025-07-3144 minA Lawyer and a Mediator Walk into a Bar2025 changes to Australia’s Family Law Act - Family ViolenceIn this episode, Paula joins Dianne from her secondment in Tonga, where she’s helping to set up a new women's and children's legal service. Together, they unpack the significant June 2025 changes to Australia’s Family Law Act with a focus on how financial and property matters are set to shift during relationship breakdowns.Whether you're a legal professional or navigating family law personally, this episode brings clarity, practical insight and a little island breeze. 🏝️ Hosted on Acast. See acast.com/privacy for more information.2025-07-2345 minA Lawyer and a Mediator Walk into a BarYes, You Can Mediate With a Family Violence Order in PlaceDianne and Alina explore a commonly misunderstood fact, mediation can still be an option even when a Family Violence Order (FVO) is in place. With appropriate safeguards, Family Dispute Resolution (FDR) can proceed safely and respectfully, helping families make parenting arrangements that prioritise the child’s best interests. While the presence of a protection order signals risk, it doesn’t automatically exclude FDR, especially when the law encourages meaningful, safe contact between children and both parents. This episode wraps up the series by highlighting how even in complex situations, mediation remains a valuable, structured path forward. Hosted on Acast. See...2025-06-2620 minA Lawyer and a Mediator Walk into a BarMost Family Law Disputes Don’t End Up in CourtIn this episode, Dianne and Alina debunk the common belief that separation inevitably leads to court. While emotions can run high and threats of litigation are often made, the vast majority of family law matters are resolved without ever stepping into a courtroom. They explain how Family Dispute Resolution (FDR), alongside legal negotiation, helps most families reach agreements, saving time, money and emotional energy. Court is usually a last resort, not the default. Hosted on Acast. See acast.com/privacy for more information.2025-06-2613 minA Lawyer and a Mediator Walk into a BarDiscovery vs. Disclosure: What Do You Really Need?In this episode, Dianne and Alina break down what “full and frank disclosure” really means in a financial separation and when formal discovery might be unnecessary. Whether you’re working with a mediator or a lawyer, both parties must share enough information to make informed decisions. The key difference? FDR mediation can achieve the same legally binding outcomes without the costly and often excessive discovery process. Hosted on Acast. See acast.com/privacy for more information.2025-06-2611 minA Lawyer and a Mediator Walk into a BarYour Lawyer Works for You, Not the Other Way AroundIn this episode, Dianne and Alina remind listeners that you are the one in charge when working with a lawyer. Your lawyer acts under your instructions, not the other way around. They explore how clearly communicating your goals and boundaries helps you stay in control of both the process and the costs, leading to better outcomes in your family law matter. Hosted on Acast. See acast.com/privacy for more information.2025-06-2608 minA Lawyer and a Mediator Walk into a BarWhy Your Lawyer Might Suggest a Government Funded FDR ProviderIn this episode, Dianne and Alina discuss why lawyers sometimes recommend government funded Family Dispute Resolution (FDR) services, despite long waitlists. While you wait (often two months or more), progress stalls, tensions rise and disputes can deepen. Lawyers may indirectly benefit from delays because prolonged conflict means more billable work. Understanding this dynamic can help you make more informed choices about your separation journey. Hosted on Acast. See acast.com/privacy for more information.2025-06-2607 minA Lawyer and a Mediator Walk into a BarYou Don’t Need Lawyers to Access FDR MediationIn this episode, Dianne and Alina clarify that you’re not required by law to involve lawyers or barristers to participate in Family Dispute Resolution (FDR) mediation. FDR practitioners are specially trained in family law and conflict resolution, focusing first and foremost on the best interests of the children. They help both parties communicate and find practical, tailored solutions without getting caught up in legal battles. Hosted on Acast. See acast.com/privacy for more information.2025-06-2608 minA Lawyer and a Mediator Walk into a BarIt's Better for Everyone to try FDR Mediation before Bringing Lawyers into the MixIn this episode, Dianne and Alina explore why starting with Family Dispute Resolution (FDR) can lead to better outcomes for everyone involved. Early mediation helps reduce conflict, supports healthier communication and keeps the process non adversarial, something even lawyers acknowledge. It’s a calmer, more constructive way to begin the separation journey. Hosted on Acast. See acast.com/privacy for more information.2025-06-2614 minA Lawyer and a Mediator Walk into a BarFDR Mediators Determine if Mediation is Appropriate - Not Your LawyerMany people assume lawyers decide if mediation is appropriate, but that’s not true. In this episode, Dianne and Alina explain that under the Family Law Act, only accredited Family Dispute Resolution (FDR) Practitioners can make that call. As impartial professionals who hear both sides early on, FDR mediators are best placed to assess whether mediation is suitable, safe and practical. Hosted on Acast. See acast.com/privacy for more information.2025-06-2609 minA Lawyer and a Mediator Walk into a BarFamily Dispute Resolution (Family Law Mediation) is Mandatory Across all Areas of Family LawMediation is often unavoidable in separation and unless there are serious safety or practicality concerns. In this episode, Dianne and Alina discuss why you’ll likely need to engage in Family Dispute Resolution (FDR) at some stage and how choosing mediation early can save you tens of thousands in legal fees. Hosted on Acast. See acast.com/privacy for more information.2025-06-2609 minA Lawyer and a Mediator Walk into a BarYou Don’t Have to Respond to That Lawyer’s Letter (Well, Not Straight Away)Getting a letter from your ex’s lawyer can feel intimidating but here’s the truth: You don’t have to respond right away, hire a lawyer or meet their demands on their timeline. In this episode, Dianne and Alina explain why it’s okay to pause, take a breath, and explore your options. Support from a Family Dispute Resolution professionals can help you make informed, confident decisions on your terms. Hosted on Acast. See acast.com/privacy for more information.2025-06-2608 minA Lawyer and a Mediator Walk into a BarIntroduction to AlinaIn Season 3 of A Lawyer and a Mediator, we’re cutting through the confusion of separation with ten straight-talking, mythbusting mini episodes. This season is all about the 10 Things You Need to Know but a Lawyer May Not Tell You. The practical, often overlooked truths that can save you stress, time and thousands in legal fees.With Paula away on sabbatical in Tonga, Dianne is joined by fellow mediator Alina. Together, they unpack the most common misconceptions that keep separating couples stuck in conflict or locked into expensive legal battles they don’t need.Ea...2025-06-2604 minA Lawyer and a Mediator Walk into a BarRoadblocks and The Gaps in Family Violence SupportIn this week's episode of A Lawyer and a Mediator Walk into a Bar, Dianne and Paula discuss the roadblocks their clients face when dealing with family violence. From legal complexities to emotional barriers, they explore the challenges that can make seeking help difficult. They also highlight the crucial role of police in ensuring that people feel safe and supported when seeking assistance at stations. The importance of dedicated Domestic Violence Officers is a key focus, as they provide essential guidance and understanding for those in crisis. Plus, they shine a light on the incredible people working in support...2025-02-1223 minA Lawyer and a Mediator Walk into a BarNavigating Narcissists & Difficult Personalities in Family SeparationIn this week's episode of A Lawyer and a Mediator, Dianne and Paula tackle the challenges of dealing with narcissists and other difficult personality types during the family separation process. They share practical strategies for managing high conflict situations, protecting your emotional wellbeing and ensuring a fair outcome. Whether you're facing a challenging ex-partner or supporting someone through a tough separation, this episode provides valuable insights to help you navigate the complexities with confidence. Hosted on Acast. See acast.com/privacy for more information.2025-02-0530 min
A Lawyer and a Mediator Walk into a BarPrivilege in Law & Mediation -What You Need to KnowIn this episode of A Lawyer and a Mediator Walk into a Bar, Dianne & Paula dive into the concept of privilege and how it applies in both legal and mediation settings. Dianne and Paula, explore what privilege means for lawyers, how it protects client confidentiality, and the crucial differences when it comes to the mediation process. Whether you're navigating a legal dispute or considering mediation, understanding privilege can help you make informed decisions.Tune in for valuable insights, practical examples, and their usual touch of humour as Dianne and Paula break it all down.2025-01-2932 minA Lawyer and a Mediator Walk into a BarBreaking Down the Legal Components of Domestic ViolenceThis week on A Lawyer and a Mediator Walk Into a Bar, Dianne and Paula tackle the complexities of domestic violence from a legal perspective, aiming to provide clarity without overwhelming their listeners.Dianne and Paula, discusses the various legal components of domestic violence, including intervention orders, custody considerations and the role of family law in protecting survivors. They address common misconceptions, highlight key legal processes, and explore how these measures intersect with mediation and conflict resolution.With their trademark blend of expertise and approachability, Dianne and Paula guide listeners through this challenging...2025-01-0235 minA Lawyer and a Mediator Walk into a BarA Lifeline in Your Pocket: Ashton Wood and DV Safe PhoneThis week on A Lawyer and a Mediator Walk Into a Bar, Dianne and Paula are joined by Ashton Wood, the inspiring founder of DV Safe Phone. Ashton shares the story behind this simple yet powerful initiative that provides refurbished mobile phones to survivors of domestic violence, offering them a vital connection to safety and support.In this episode, Ashton breaks down how DV Safe Phone works, from collecting unused phones to distributing them through trusted networks. He talks about how we can all play a role in supporting survivors by connecting them with this resource.2024-12-1850 minA Lawyer and a Mediator Walk into a BarIntervention Orders - Challenges, Processes and Opportunities for MediationIn this episode of A Lawyer and a Mediator Walk into a Bar, our hosts tackle the complexities of intervention orders, a critical yet often misunderstood aspect of family law and relationships.Focusing on family violence intervention orders, they explore how these legal tools are designed to protect victims while balancing the challenges they can create within family dynamics. The conversation highlights that intervention orders, while necessary, don’t preclude the possibility of starting with mediation as a pathway to resolution.Through real-world insights and professional perspectives, the lawyer and mediator discuss how intervention orders fi...2024-12-1133 minA Lawyer and a Mediator Walk into a BarUnderstanding the Definitions of Family & Domestic ViolenceSeason 2 of A Lawyer and a Mediator Walk into a Bar kicks off with a powerful and thought provoking discussion on family and domestic violence. In this new series, our hosts explore how family and domestic violence has evolved over the decades, recognising the many forms it can take beyond physical abuse.In this episode, the lawyer and the mediator delve into the definitions of family and domestic violence, shedding light on its legal and societal interpretations. They discuss the often overlooked nuances, including emotional, financial and psychological abuse and the importance of understanding these complexities in...2024-12-0436 min
A Lawyer and a Mediator Walk into a BarWhat is Grey Divorce?This week on A Lawyer and Mediator Walk into a Bar, Dianne and Paula explore "Grey Divorce" separations that occur later in life. They discuss the unique challenges faced by older couples going through divorce, such as dividing long-term assets, navigating retirement plans, and ensuring financial security for the future. With expert insights, they unpack the emotional and legal complexities of ending a marriage after decades together, providing practical advice for those experiencing a grey divorce.** This podcast is designed to provide our experiences of going through the family separation process, helping you explore your options...2024-10-2135 min
A Lawyer and a Mediator Walk into a BarUnderstanding Binding Financial Agreements (BFA)This week on A Lawyer and Mediator Walk into a Bar, Dianne and Paula dive into the topic of Binding Financial Agreements (BFA). They discuss the importance of having a BFA in place to protect assets and ensure financial clarity in relationships. The hosts also highlight the necessity of regularly updating these agreements to reflect changing circumstances, offering valuable insights on how BFAs can provide peace of mind and legal security for couples.** This podcast is designed to provide our experiences of going through the family separation process, helping you explore your options...2024-10-1436 minA Lawyer and a Mediator Walk into a BarChildren and the Litigation ProcessIn this week's episode of A Lawyer and Mediator Walk into a Bar, we continue the conversation from last week’s episode, where we explored how children are included in the family mediation process. This week, we shift focus to the litigation side, examining how children are represented and their voices heard when family disputes go to court. Our hosts discuss the legal frameworks in place to protect children's best interests and the various ways the court system involves them in the resolution of family law matters. Tune in for an insightful look at how litigation can impact families an...2024-10-0732 min
A Lawyer and a Mediator Walk into a BarHow Children are Included in Family MediationThis week on A Lawyer and a Mediator Walk into a Bar, Dianne and Paula explore the sensitive topic of how children are included in the family law process. They discuss the ways in which children’s voices are heard, the importance of their wellbeing in legal proceedings, and the role of child-inclusive mediation. Whether you're navigating family law or simply interested in how the system protects children, this episode provides essential insights into ensuring that children are properly considered throughout the process.** This podcast is designed to provide our experiences of going through the family se...2024-09-3034 min
A Lawyer and a Mediator Walk into a Bar60i Certificates in Family LawThis week on A Lawyer and a Mediator Walk into a Bar, Dianne and Paula delve into the significance of 60i certificates in family law. They’ll unpack the role these certificates play in the mediation process, particularly in disputes related to parenting arrangements, and explain why they are a vital step before heading to court. Whether you’re a legal professional, mediator, or involved in a family dispute, this episode offers key insights into how 60i certificates can shape the resolution process and ensure that mediation efforts have been genuinely attempted. Tune in for an info...2024-09-2330 min
A Lawyer and a Mediator Walk into a BarAnother Perspective on SeparationIn this week’s episode of A Lawyer and a Mediator Walk into a Bar, Dianne and Paula, talk about the separation from two distinct perspectives. Paula breaks down the legal ins and outs, focusing on rights, responsibilities, while Dianne explores the emotional side of separation, offering insights on finding common ground and fostering amicable resolutions. Together, they discuss how to approach separation with clarity and compassion, making it less stressful and more manageable for all involved. Whether you're navigating a family separation, involved in mediation, or simply interested in understanding these legal processes, this episode pr...2024-09-1637 min
A Lawyer and a Mediator Walk into a BarWhy Disclosure and Discovery Matter in Family LawIn this week's episode of A Lawyer and Mediator Walk into a Bar, our hosts focus on the critical role of disclosure and discovery in the context of family separation and mediation. They discuss the importance of transparency when separating couples exchange financial and personal information, emphasising how proper disclosure is key to a fair and effective mediation process. The episode also explores the discovery process, explaining how it helps ensure that both parties have access to all relevant information, which is crucial for making informed decisions and reaching a fair settlement.Whether...2024-09-0943 min
A Lawyer and a Mediator Walk into a BarNavigating Family Separation and Legal PathwaysIn this week's episode of A Lawyer and Mediator Walk into a Bar, our hosts take a dive into the legal intricacies of family separation. They explore the various pathways that separating couples can take, from the initial stages of seeking early legal advice to navigating the process through negotiation & mediation. The episode provides a comprehensive overview of alternative dispute resolution methods, such as family dispute resolution (FDR) which can help families avoid the stress and cost of going to court.Whether you're a legal professional, someone going through a family separation, or simply interested in...2024-09-0630 min
A Lawyer and a Mediator Walk into a BarParenting Plans and Parenting AgreementsIn this week’s episode, Dianne and Paula continue their exploration of family law, focusing on the crucial topics of family plans and family agreements. They discuss how these agreements can provide clarity and stability in various family situations and the roles both a lawyer and a mediator play in crafting them. From understanding the legal implications to ensuring that every voice is heard, this episode sheds light on the collaborative process of creating effective family plans. Whether you’re dealing with a family matter or simply interested in how legal professionals can help families reach harm...2024-08-2930 min
A Lawyer and a Mediator Walk into a BarThe benefits of Mediation Before Considering the Court Process.What happens when a lawyer and a family mediator step into a bar? In the insightful first episode, Dianne and Paula dive into a conversation about their distinct yet complementary roles. They explore how a mediator and an attorney work together in family law cases, highlighting the benefits of beginning with mediation before considering the court process. Whether you're navigating a legal issue or simply curious about the interplay between these two professions, this episode offers valuable perspectives on making the process smoother and more collaborative.This podcast is designed...2024-08-2128 min