Family Mediation can help families resolve disputes through the assistance of a neutral third party, known as a family mediator. Your mediator helps you reach a mutually acceptable resolution. This process is often used in family law cases because it is usually a more cost-effective and time-efficient alternative to traditional litigation. Additionally, mediation can be a less adversarial and less stressful way to resolve disputes, which can be especially important in the emotionally charged context of family law cases. In this blog post, we explore the Top 4 benefits of family mediation
1. Family Mediation is cost-effective
One of the main benefits of family mediation is cost. Because it is a less formal process, mediation typically requires fewer resources, such as lawyers and court fees, than litigation. This can be a significant benefit for families facing financial constraints. There can also be costs of litigation beyond the actual dollars you spend.
2. Family Mediation is faster than going to court
Another benefit of family mediation is that the process can be scheduled when it is convenient for you, rather than being dictated by the court’s schedule. The Federal Circuit and Family Court of Australia is still experiencing significant delays. Family Mediation can be convened within weeks, not months, while the Court can take years. This means that families can move on from disputes and resolve issues more quickly. This is a benefit of family mediation, the Court is likely to never match.
There can also be significant delays in receiving judgments even after you have had a final court hearing – and no complaint can be lodged until there has been a delay of at least 6 months since the hearing or submissions closed.
3. Family Mediation gives you control over the outcome
In court, the judge makes the final decision, but in mediation, you and the other party come up with the resolution to your matter. This is a significant benefit of family mediation, as the judge will never meet your children and never be able to fully understand the unique circumstances of your family. The outcome from family mediation is tailored to your specific needs and is more likely to be successful than a decision imposed on you.
Family Mediation can be less stressful and more collaborative than litigation. In court, you and the other party will be pitted against each other, but in mediation, the goal is to find a solution that works for everyone – for your whole family.
4. Mediation is confidential
The fourth top benefit of family mediation is that what is said in family mediation is not admissible in court, whereas most court hearings are open to the public. This means that you can feel more comfortable discussing sensitive issues in this setting, knowing that what you say cannot and will not be used against you in a court of law! This can be especially important when dealing with sensitive issues such as parenting or financial matters.
In conclusion, family mediation is a valuable process that can help families resolve disputes in a cost-effective, time-efficient, and less adversarial way. It allows families to have control over the outcome, and provides a confidential setting for discussing sensitive issues. These benefits of family mediation make it an attractive alternative to traditional litigation for many Australian families who need a resolution to their family law matter.
Learn more about our different types of mediation, including Child-inclusive mediation and Child-focused mediation, or book a free Discovery Call to discuss how we can help you to reach an agreement.