What To Expect
Mediation as a dispute resolution is mandatory and strongly encouraged as a means of avoiding costly and lengthy courtroom dramas. In accordance with the Family Law Act 1975 it is mandatory for separating families (i.e., divorcing couples, separating de facto couples etc.) to attempt some form of dispute resolution before their case is heard before a courtroom.
It can sometimes feel like we’re selling a dream, but mediation with an experienced and trustworthy provider can save time, money, and heartaches. Family Mediation Online are your resident experts and will provide excellent and objective mediation services.
Essentially, a mediator acts as an objective third party between combative parties. Their role is to use experience and expertise to encourage and facilitate negotiations and discussions that culminate into an amenable conclusion. Their role is not to be subjective or represent a single side, instead, their training in alternate dispute resolution allows them to guide combative parties into finding common ground, compromise, and hopefully agreeance.
In cases where there are children involved, the mediator will hold the children’s needs above all others. The number of parties involved in mediation can vary, sometimes it is simply between a childless couple that is separating, other times it can involve multiple parties (extended family in the case of a Will dispute for example).
If you’re still curious about the mediation process, read on below.
If you’re ready to begin, or if you have any questions – get in touch with us here!
There are some situations in which mediation is not necessary – some examples would be if there is evidence of child abuse or domestic abuse. The court may bypass mediation in these cases and proceed straight to trial as this would be considered emergent circumstances.
The family court of Australia will always encourage mediation-based solutions where possible as the courts are already overwhelmed with family law cases. There is strong encouragement to settle disputes and settlements in a calm, mediated setting.
Family Mediation Online has expert legal minds available and a secure online setting to ensure convenience and efficacy is at the forefront of our services. We are able to:
- Mediate discussions between parents and/or guardians
- Guide negotiations and divisions of assets/liabilities between combative parties
- Devise payment structures and financial support for children
- Assist you with negotiating and discussion long-term parenting arrangements.
Pursuing the Process
Mediation is beneficial and recommended for a multitude of reasons, these can include:
- Focusing on compromise and discussion trumps a ‘winner/loser’ ruling of a courtroom.
- Avoiding assigned blame, and adversarial courtroom trials
- There’s more room for negotiation and for a better result for all parties
- Opportunity for creative solutions that are not always considered in a court of law