Undertaking mediation in family law with the help of an independent person is one of the most reliable ways to resolve disputes and avoid the need for court orders. The benefits are significant, often helping other party reach a fair outcome while avoiding the stress and costs of litigation. In this article, we’ll show you why we believe so strongly in mediation.
Key takeaways
Mediation helps parties resolve their differences in property and parenting arrangements.
Mediation has various benefits that save clients time and money and give them greater control.
Parties with family violence concerns may avoid mediation for their safety.
There are resources available that can assist parties through free information and legal assistance.
What is family law mediation?
Mediation provides a safe and effective way for the parties involved to resolve differences and make mutually beneficial agreements. It’s a neutral space that approaches all issues non-judgmentally. It can be used in a property settlement and parenting matters. You may think that mediation is an informal process that just wastes your time. This isn’t true. Mediation process is structured to give spouses the best chance to find agreement. Here are the forms that mediation takes.
Property mediation
Parties often find it difficult to agree on asset divisions. A mediator manages each spouse’s interests in relation to their future needs and contributions to the marriage.
Family dispute resolution
Family dispute resolution practitioner
Mediation is a crucial part of deciding parenting arrangements before the court. Child-related disputes must be handled with great care, and mediation typically offers a solution that prioritises the child’s needs, constructive approach. An experienced practitioner can help you through the mediation process to help ensure that the child’s best interests are protected.
Why attend mediation in family law?
Let’s go over some of the many benefits of mediation in family law.
Cost-effective. Settling family legal disputes through mediation is much cheaper than going through court proceedings. Litigation is a last resort.
Faster resolution. The court process can last for years. The mediation process can result in a successful outcome in a few sessions. This may only cost you a few hours than going to court proceedings.
More control. When the Court proceedings decides a matter, the parties have little control of the outcome. In mediation, you have far more flexibility and input into the court process.
Better compliance. Parties are generally more satisfied with arrangements they’ve had a say in forming. Having a decision imposed on you through family law proceedings can create resentment and lead to breaches.
- Check this out: What Are the Risks of DIY Vs Hiring Professional Family Lawyers?
When is mediation not advisable?
While we believe that mediation with professional mediator should be pursued where possible with own arrangements, we recognise that it’s not always the answer. Cases involving family or domestic violence present unique risks and you need to be properly prepared. If you’re concerned for the safety of yourself or your family home where you need a supportive environment, there’s no expectation that you be in the same room or separate room with the other party for a mediation session face to face.
Additional resources
You should never feel like you’re alone when facing the difficulties of family law proceedings. Here are some government-funded services you can seek advice from for guidance and support, especially when preparing a parenting plan. These resources can guide you in understanding about how mediation in family law works, what goes on during mediation, and how to fully utilise the mediation process.
Family Relationships Online. Advice for separated families in creating workable parenting arrangements and navigating the family law system. Contact them through their family relationship advice line on 1800 737 732.
Legal Aid Queensland. Information on family law matters and access to low-cost family lawyer legal assistance.
Women’s Legal Service Queensland. Legal assistance from a family lawyer for women facing family violence and child protection matters.
Suncoast Community Legal Service (SCLS). Legal advice from a family lawyer and referrals for disadvantaged members of the Sunshine Coast community.
From one of our clients
The team was very helpful in fostering and maintaining a good relationship and working with us for a final outcome. All involved listened and help guide through what was an unknown process.
- Aaron Young
Our law firm is commited to maintaining positive and constructive relationships. That’s why we guide our clients in support of mediation services to reach agreement with their former partner, often preventing the need for court presence . A family lawyer can assist with resolving disputes as a support person during mediation, right through to the final hearing, to ensure the approach remains focused on the welfare of the parties. By partnering with us, you can fully realise the benefits of the mediation process for you and your family members even if the matter eventually proceeds to court.
Conclusion
The mediation process is designed to assist parties in reaching practical outcomes in a quick and affordable way. The numerous benefits mediation provides help clients avoid the stress, cost, and delays often associated with court proceedings. Unless there are concerns such as family violence, we strongly recommend taking every opportunity to pursue the mediation process before resorting to court. In many cases, successful mediation in family law can eliminate the need to go to court altogether.
If you need assistance with a family law disputes matter, contact us today.
