Family Law Mediation

Family Law Mediation is a common method of dispute resolution the Courts have been using for a long period of time in order to settle matters quickly and cost-effectively.

What is mediation?

Mediation is a confidential process where an independent and neutral third party (mediator) facilitates negotiations between parties to a dispute in the hope of reaching an agreement about their dispute.

Mediation is a required step in most matters commenced in Court. It is also a recommended early step to consider before the commencement of formal proceedings in Court. This is a very cost effective process if the parties can reach an agreement.

The mediator cannot impose a decision upon the parties. However, mediators (who are often experienced family lawyers) use their skills to facilitate negotiations between parties and thereby assist them to explore the issues in depth and reach the best possible joint decisions that the circumstances allow.

With the parties’ consent, some experienced mediators will use a blended process that combines mediation with providing the parties with their opinion and advice on the strength of each party’s case. This approach will be used where it is believed it will assist the parties to make decisions and thereby come to an agreement. Such a process is known as evaluative mediation and is commonly used in family law disputes.

Mediation frequently involves the parties’ legal advisors but in suitable matters parties can engage in the process without their legal advisors being present.

The benefits of Mediation:

Efficient – Mediation is likely to produce a quicker outcome than the more formal processes of arbitration or litigation. It should therefore be considered as early as possible after a dispute has arisen.

Affordable – Mediation is often more cost effective than litigation as it requires less preparation.

Manageable – Mediation is particularly appropriate where a dispute involves complex issues and/or multiple parties.

Empowering – Mediation enables parties to have an input into and to control the process, allowing for a more tailored outcome.

Confidential – Information disclosed during the mediation cannot be used later in any court proceedings. Mediation is also useful where privacy and confidentiality are important. Parties are able to preserve these rights without public disclosure. This often leads to more satisfactory outcomes for both parties.

If you are ready to sit down with our solicitors to discuss your matter and decide if mediation is right for you, give us a call to book your complimentary 15 minute consultation.

Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.