Mediation uses a neutral third party to assist a couple to reach agreement. In family law and in all relationships, partners are able to use mediation to resolve property settlements, custody matters and relationship issues.
Under the Family Law Act, since July 2007 separating couples may be required to undertake an alternative dispute resolution process — such as mediation — before a matter is allowed to go to court. This changes only in special circumstances such as domestic violence.
Mediation can take place over a number of weeks with one two-hour session per week, or mediations may be conducted over a full day, whichever is convenient to the parties.
The Advantages of Mediation
Mediation can be an amicable and effective way to achieve agreements. It is often faster and less expensive than other processes such as litigation. It also often leads to decisions that both people feel happier about. The result is that compliance with any agreement reached is more likely.
Overview of Mediation
Mediation is a voluntary process, but the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.
If the Family Court orders mediation or you and your partner agree, you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.
Role of the Mediator
The Mediator’s aim is to facilitate open communication between you and your partner so that you can:
- identify issues of the dispute;
- generate options to address these issues; and
- agree upon ways to resolve the issues (i.e. ‘settlement’).
The Mediator’s role is essentially a neutral one. The Mediator:
- will not take sides;
- will work with both you and your partner to help you negotiate your own decisions together; and
- will not represent either of you in Court either before or after the Mediation.
Characteristics of Mediation
- All decisions in mediation will be made by you and your partner, not the Court or anyone else.
- Mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
- Mediation is readily accessible, making it fast and efficient.
- Mediation is a popular form of alternative dispute resolution.