The Role of Mediation in Family Law: A Less Stressful Path to Resolution
Highlighting the benefits of mediation as an alternative to lengthy court battles
When navigating family law proceedings, the prospect of litigation and the associated costs can be overwhelming and stressful for many. To alleviate the emotional strain of these proceedings, mediation offers a valuable alternative to lengthy court battles, providing a more manageable and less stressful way to resolve disputes.
What is Mediation?
Mediation is an alternative dispute resolution facilitated by a neutral third party, the mediator. It helps parties resolve any disputes concerning parenting or property matters without going to Court.
When can mediation take place?
You don’t have to be embroiled in litigation to mediation, it can take place before or after court proceedings are commenced. Any agreements reached at mediation can be put into a written agreement and have orders made by the Court to finalise the case. These orders have the same standing as orders made by a Judge, and can be enforced, if necessary.
Top 3 Benefits of Mediation
- Cost Effective
One of the main benefits of mediation is that it is more cost effective than going to court and undergoing litigation. Mediation is less financially stressful and only involves a single session or series of sessions with the mediator and, if required, legal representatives, in order to hopefully resolve the matter. It doesn’t involve the significant Court fees and other discretionary associated costs that litigation involves. Typically, the costs of the mediator and, if required, the mediation venue, is shared between the parties.
- Faster Resolution/ Accessibility
Mediation can often be completed in a day or over a few days. Whilst there is some preparation involved, it is significantly less than what is required to attend Court. This is because it is a more informal process centered around open discussions between the parties, without the complex legal procedures that often accompany litigation. Having a faster resolution helps parties move on from their proceedings faster. The Court runs to a timetable whereas mediations can be planned to occur at any time, subject to the availability of the mediator. Mediations can also be conducted via zoom or at an agreed venue.
- Flexibility
Mediation enables parties to have more input into a resolution that is tailored towards their specific needs and allows them a more active role in their resolution. They have more control over the outcome of the dispute, as they are able to reach a mutually agreed-upon resolution. This flexibility can help alleviate anxiety in a more relaxed and conversational environment. There is limited opportunity to control your settlement at Court.
Mediation provides an excellent alternative to traditional litigation in family law matters. It allows for structured, collaborative problem-solving in a supportive and interactive environment, making it a less stressful path to resolution.
If you’re interested in finding out more about mediation for your family law matter, we would be happy to assist you. Contact us on (02) 9223 5299 or lawyers@michaelconley.com.au
Resources:
https://www.fcfcoa.gov.au/fl/family-dispute-resolution
Blog was written by Lilliana Fante, Associate.