Family Law – Mediation – A sensible alternative to Court
All family law matters, parenting and or property, can be resolved sensibly without going to Court. There are many ways of reaching a settlement without the need for expensive, lengthy, stressful and costly litigation.
Mediation is a very popular form of alternate dispute resolution. Mediation is a process where a third party, the mediator, assists parties to negotiate and helps them to reach an amicable resolution of the dispute. The mediator acts independent of the parties and in a neutral capacity.
Mediators are often retired Judges of the Family Court of Australia or the Federal Circuit Court of Australia, or are experienced family law barristers or solicitors.
There are many benefits to mediation, including the following:
- Costs – The costs of mediation are far less than Court proceedings.
- Time – The Court process can take months or years to resolve. The mediation process typically takes days or weeks. The mediation itself normally takes a day.
- Control – The Court process by its very nature takes control away from the parties and gives it to the Judge to make a determination. Mediation allows the parties to decide their own outcome.
- Stress – The Court process and in particular a Trial can be very stressful. The Trial process includes cross examination, which is never a pleasant experience. Mediation is a far more relaxed and comfortable environment, without the pressure of the Court room.
- Confidentiality – Court hearings are public, while mediation is confidential.
Contact one of our family lawyers to discuss alternatives to Court in your family law matter. Don’t incur unnecessary costs. Avoid the stress of Court proceedings. Get the outcome you want, in a timely manner.
By Anton Richardson, Lawyer and Partner, Ramsden Lawyers
20 February 2014