How Mediation Can Help Resolve Your Family Law Matter

Mediation can be a valuable tool for many disputes, including family law matters. In this article we explain how it works, its benefits, and some of the pitfalls.

Mediation is a valuable and widely utilised method for resolving disputes. This form of dispute resolution is particularly valuable when parties wish to maintain a positive relationship with the other party, which is ideal when trying to resolve matters relating to your family. Mediation offers a collaborative and less adversarial approach to addressing issues related to separation such as divorce, parenting arrangements and the division of property. In this article, we explore how mediation works, when it can be useful, the benefits it offers, what to do when it does not work or may not be appropriate, and how to prepare for the mediation process.

How Does Mediation Work?

The mediation is conducted by an impartial third party, known as a mediator, who is there to facilitate to assist the parties reaching a resolution.

Typically, there are several different stages of mediation.

The first stage is the initial meeting between the parties and the mediator. The mediator will explain their role in facilitating communication and the mediation process. The mediator may also use this opportunity to ask each party to outline their understanding of the issues in dispute and what they would like to achieve from the mediation.

The next stage of the mediation is information sharing. The mediator will prompt the parties to share relevant information, documents, and concerns about the issues. Transparency and open communication are crucial for effective mediation. The mediation process is confidential, meaning that the parties can freely share information to try and reach a solution, without this information being used against them in any later court action.

Once the mediation commences  the mediator will guide discussions and help the parties to explore possible solutions. Skilled mediators use various techniques to foster communication and encourage compromise. This stage is usually the longest in duration and may take several hours or an entire day to try and reach a solution.

If the parties are able to reach an agreement on one or more issues, the mediator or your legal representative will assist in documenting the agreement.

Parties who were not represented by a lawyer during the mediation will often seek independent legal advice at this stage to review the agreement before it is finalised. That agreement may then be filed with the court and made into court orders or documented as a parenting plan.

When Can Mediation Be Used in a Family Law Matter?

Mediation can be used for a range of family law matters but is mostly used to negotiate parenting arrangements and disputes relating to the division of property.   Even if mediation does not result in a complete resolution for these matters, it often helps narrow down the issues in dispute, making court proceedings, if necessary, more focused and efficient.

The Benefits of Mediation

Mediation offers numerous benefits. Perhaps most importantly, parties in a mediation have greater control over the outcome compared to other options such as applying to the courts for a decision about their family dispute. This control can give the parties a sense of empowerment and ownership of the solution, as they have actively participated in crafting an agreement that works for their family.

The collaborative nature of mediation can also help to reduce animosity and improve post-separation relationships. This is particularly important for co-parents, who will potentially need to continue to work cooperatively for many years.

Mediation often leads to a quicker resolution compared to lengthy court processes, which can take months or even years. As a result, mediation is generally more cost-effective than the court process, as it typically requires fewer legal fees and court-related expenses.

When Mediation Doesn’t Work or May Not Be Appropriate

While mediation is effective in many family law cases, it may not always be appropriate or successful in every situation. For instance, if there is a significant power imbalance between the parties, mediation may not provide a fair forum for negotiation. In particular, mediation is often not safe in situations involving family violence which can present in many different forms. Similarly, in cases where urgent decisions are needed, such as if there are concerns for the safety of children, immediate court action may be necessary.

In addition, mediation requires both parties to be committed to the process and willing to compromise. If one or both parties are unwilling to negotiate in good faith, mediation may not be productive.

Preparing for Your Family Law Mediation

It is advisable for all parties to seek legal advice prior to mediation. Even in cases when lawyers will not be at the mediation, it is still wise for each party to consult with a family lawyer before mediation to understand their rights, responsibilities, and the potential legal outcomes.

It is wise to prepare yourself emotionally for the mediation process as it often relates to difficult times in your life. A successful mediation is more likely when the parties have prepared for the process, understanding that mediation may involve difficult discussions and compromises. Each party should identify their goals and priorities for mediation, including what outcomes they hope to achieve (the “best case” scenario) and the outcome that they can accept (the “worst case” scenario).

This is general information only and you should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please  contact Alison Brown or telephone us on (02) 9923 2321.