Family Mediation is a great way of creating an environment in which you can enjoy the benefit of legal support from experience family mediation lawyers, and at the same time attempt to negotiate a property settlement in a casual setting. Successful mediations provide a quicker, cheaper and less stressful way of resolving the case, as opposed to following through with a court hearing.
What is mediation?
Mediation is the holy grail of techniques used to achieve property settlements. Less than one fifth of the court cases started in the Courts actually make it to a hearing. The remainder are settled beforehand. This does not include the large number of cases that are settled without ever approaching the courts.
Mediation is an informal process where a neutral third party (the mediator) provides practical guidance to help you negotiate an agreement that suits both of you. The mediation will occur at a venue that you agree to, you will each have your own room as well as a separate room for joint meetings. The mediator will hear everyone’s point of view and talk to you each privately and together, with the effect of guiding you towards a settlement. Unlike court or arbitration, a solution will not be imposed upon you by a judge or an arbitrator. If you do not reach agreement during mediation, the case remains unresolved and you will need to consider the next steps.
What is the purpose of mediation?
Mediation is designed to help parties reach an agreement, by allowing them to express their concerns in a safe environment. The process is extremely flexible, and can be tailored to deal with the issues you wish to address. Often, underlying grievances that might not be appropriate to be brought up in a court block the resolution of existing cases. Mediation is the perfect place to sort out the real issues blocking settlement, as opposed to focusing on legal entitlements.
Mediation is also an important tool in allowing ordinary mums and dads to have a meaningful role in the resolution of the dispute. You will have ownership of the decision reached, instead of waiting for a judge to decide for you.
Here are some more benefits of mediation:
- Going to court is very expensive and the total cost is very unpredictable. Mediation can occur at an earlier stage, and offers a much cheaper alternative to Court.
- You can achieve a much faster outcome.
- Unlike the likely publicity of court proceedings, everything said at the mediation is confidential.
Mediations are designed to reduce conflict. This is particularly useful in family law matters, where preservation of family relationships is crucial in providing harmony for the family moving forward. Mediation is not about attacking each other, but rather working together.
Talk to our Family Mediation Lawyers about your separation.
Save yourself a headache, and try it early. Mediation can be a great tool if used correctly. Our experienced family mediation lawyers can guide you through the process, making sure that you have practical legal support to help you make realistic and informed decisions.