Categories: The Family Lawyer Education Center497 words1.9 min read

Consider Mediation

About the Author: Kristdel Bolog

Kristdel practices solely in Family Law has been a Partner at The Family Lawyer since June 2019. Aside from her amazing ability to recite from memory the entire “Ode to Spot” by Commander Data, she has a wealth of knowledge and practical experience from a decade in the field of family law. Kristdel’s passion for the law and a love of helping people through difficult times enables her to put peoples minds at ease, even during complicated or bitter family court proceedings. As our resident “empath” she is The Family Lawyers’ Counsellor and is always there to listen to her colleagues or clients and bring a smile to their faces. Her nickname around the office is “the nerd”, a badge she wears proudly. Kristdel is hardworking, knowledgeable and dedicated to getting great outcomes for her clients. You can contact her at kbolog@thefamilylawyer.com.au or on 03 8657 3751.
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October 5, 2021

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Why you 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 confidential

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 ad family better than any judge, so you should make the decisions that work best for your family, your business and the your future.

Having an experienced mediator work with you and your former partner to facilitate negotiations allows for productive, focused discussions which 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 a dialogue cannot be established and the tennis match of letter backwards 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 you 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 process 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.

How can we help?

If you need legal advice or support, our experienced and compassionate family lawyers can assist you, whatever stage you may be at. Talk to us today for a FREE 15-minute family law consultation by calling 03 8657 3751 or via email at enquiries@thefamilylawyer.com.au we look forward to helping you achieve a better outcome.

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