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Melissa Shorter

- 26 Aug 2021
  • Family Law

When you should consider mediation when you’re separating

When a relationship breaks down, it can place a lot of emotional strain on those involved. If you are hoping to resolve your issues quickly, in a cost-effective way and without the need to go to Court, mediation is definitely something to consider. 

What is mediation?

In its simplest form, mediation is when a third party, be it a friend, or family member, helps two people discuss and work through their issues. In a legal context, mediations are run by an independent third party (usually a qualified mediator or legal professional) who negotiates with both parties in the hope of reaching an agreeable outcome. 

It is important to remember that mediators are neutral, independent bodies who do not actually give legal advice. They are there to assist both parties in reaching their own solutions.

Mediations are completely confidential, which means that anything discussed in the conference is not able to be spoken about outside of the conference room. If an agreement is reached in mediation, it is documented and lodged with the Court to create an Order. Once an Order is made, it is final and both parties must comply with it at all times.

If you are considering mediation but do not feel safe in the presence of the other party, shuffle-style mediations can be arranged whereby each party is in a separate room and the mediator will move between rooms to discuss the offers that have been made by each party’s solicitor. You can also bring a support person to the mediation conference with you.

Mediation is a good option to consider if:

  • There are issues regarding the division of property or the care of your children
  • You want to avoid going to court
  • You’d like your issues resolved quickly and in an informal setting
  • You want to save money on legal fees

 

DBH Family Lawyers offers a range of dispute resolution services for couples who are separating. Our specialist family law mediators have helped thousands of people find solutions to their disputes in a faster, cheaper and more respectful way.