Family Law Mediation
Family Law Mediation is a peaceful, logical, effective and responsible alternative to potential family law litigation – be it a divorce, settlement agreement negotiations, child maintenance matters, child visitation rights or even minor domestic abuse matters. It is the modern, intelligent “way to go”, and the benefits are plain for all to see. It is a form of dispute resolution between two or more parties with material effect on the parties involved.
Family Law Mediation is private and confidential, participation is typically voluntary and the mediator acts as a neutral third party and facilitates rather than directs the process.
Family Law Mediation take less time which means expending less money on hourly fees and costs.
The benefits of mediation are:
• Cost—The mediation process generally takes much less time than moving a case through standard legal channels.
• Confidentiality—While court hearings are public, mediation remains strictly confidential.
• Control—Mediation increases the control the parties have over the resolution.
Mediation is not for everyone. Although an estimated 85% of mediations are considered successful in some way or another, mediation may not always result in a settlement that is meaningful if there is a power imbalance between the parties. It is not usually appropriate where there has been serious physical abuse, and it may not work in situations where one (or both) of the parties is unprepared to compromise. That said, many people enter the process with very entrenched positions and still reach a compromise.
“Mediation can produce remarkable results in the most unpropitious of circumstances, especially when conducted by one of the several hundred people in this country who have been trained in the process. Unlike settlement negotiations between legal advisers, in themselves frequently fruitful, the process is conducted by an independent expert who can, under conditions of the strictest confidentiality, isolate underlying interests, use the information to identify common ground and, by drawing on his or her own legal and other knowledge, sensitively encourage an evaluation of the prospects of success in the litigation and an appreciation of the costs and practical consequences of continued litigation, particularly if the case is a loser.” Brassey AJ in the case of Brownlee v Brownlee: 2008/25274
What is mediation?
In short, it is a process by which a mediator assists the parties in a legal dispute, without going to court.
The mediator will:
• facilitating discussions between the parties.
• assisting them in identifying issues.
• exploring areas of compromise.
In the event that mediation was successful the mediator will assist the parties in drawing up a settlement order which will be presented to the magistrate as proof that the dispute has been resolved. Alternatively on request of the parties this agreement can also be made an order of court.