Is Mediation The Right Choice For Your Divorce?

Is Mediation The Right Choice For Your Divorce?Mediation has become a favourable place to start for many divorcing couples for its time and money saving benefits, whilst also fostering a positive co-parenting environment for parents.

As mediation is usually suitable for most divorces and child arrangement the family law courts encourage its use as a first step to resolve family disputes.

What is family mediation?

A legal, voluntary and confidential process for resolving disputes in which a neutral third party (the mediator) helps conflicting parties find a mutually satisfactory outcome. The positive outcomes of using mediation is that it provides both parties the opportunity to resolve their disputes respectively, peacefully and privately.

How long does mediation take?

There is no one size fits all for mediation and the process can take anywhere from a few hours, or can be over a few days. The time it takes will depend on the complexity and number of issues being discussed.

Related Article: Preparing For Mediation – Tips For Success

Benefits of mediation:

  • Time and cost effective
  • Non-confrontational atmosphere
  • Outcome is in the control of the disputing parties, not the courts
  • Confidential
  • Focused on fairness and a mutually satisfactory outcome
  • Encourages future cooperation between parties

When mediation is not appropriate:

  • When either parties isn’t willing to cooperate productively to resolve their issue(s)
  • One party isn’t equally informed about the mediation process
  • There is physical/emotional abuse
  • Judgment is impaired (i.e. drug/alcohol addiction)
  • A spouse is hiding assets

Remember, if you find mediation isn’t working, you can stop at any point and proceed with a traditional divorce.

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email [email protected]

 

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