Why separating couples should try mediation
When there is a breakup, it can leave people with a feeling that if they can’t agree to be together, how will they decide the rest and their first reaction may be to lawyer up for a fight.
While getting legal advice is a good starting place, mediation offers an alternative to a long drawn-out fight over your property or your children.
There are a number of benefits in resolving your issues through the mediation process such as avoiding the stress, delay and costs of court applications.
Mediation is a confidential process
Mediation processes are confidential. Anything you discuss in mediation stays in mediation, it cannot be used against you later in court. You can also rest easy knowing that the details of your agreement are not published for the public to see. The mediator does not keep notes on the discussion (except for your agreements) and unless exceptional circumstances apply, the mediators notes are generally not open to subpoena by the courts, so you can have open and honest discussions without fear that the conversation will be used against you if your matter does go to court.
You are in control
When your matter is in court, a judge makes a decision for you and you have little to no input into the outcome, and the outcome could be one that adversely impacts you. You lose control over what decisions are made about your property and your children.
You know the situation and family better than any judge, so you should make the decisions that work best for your family, your business and your future.
Having an experienced mediator work with you and your former partner to facilitate negotiations allows for productive, focused discussions that lead to outcomes that benefit everyone.
Cost considerations
Legal processes can take time and are more often than not expensive. Costs can rise quickly when dialogue cannot be established and the tennis match of letters backward and forwards begins.
If the matter proceeds to court you will need to ensure that you can pay the legal fees of a lawyer, accountants, specialists and court costs, and if the matter drags on you can expect the costs to accumulate.
In contrast, you may be able to resolve your matter with only one or two mediation sessions.
Time factors
Once a matter is before the court, it can take a great deal of time before any resolution is reached, there are legal processes to follow, and the court needs to be satisfied that both parties are complying with the rules of disclosure before they will make any meaningful orders. By choosing to engage in mediation your matter can be resolved in less than 1-2 weeks if all parties are ready to take part.
Whilst not all matters are suitable for mediation, most are – you can discuss your circumstances with one of our family lawyers who can guide you to the best pathway for your particular matter.
