Mediation is a structured negotiation in which an independent mediator helps separating couples reach agreement about issues arising from their separation. The mediator does not take sides, give legal advice, or impose a decision. Their role is to keep the discussion focused and constructive so that you and your former partner can reach a resolution you can both live with. Compared with court proceedings, mediation is faster, significantly less expensive, and largely confidential. It also keeps the decision-making in your hands rather than a judge's.
In parenting matters, mediation is formally known as Family Dispute Resolution. In most cases, the Family Law Act requires parents to make a genuine attempt at Family Dispute Resolution before applying to the court for parenting orders. Exceptions apply in circumstances such as there being urgency, family violence, or risk to a child.
Different mediators take different approaches, but generally speaking a mediator will have a role in facilitating negotiation and, when appropriate, evaluating each party's position. This can involve the mediator expressing a view on what the likely outcomes would be if an agreement is not reached and a Court determines it. This can assist negotiations by guiding parties who may have unrealistic expectations about certain outcomes.
Mediation works best when parties are well prepared. Before you attend, you should have advice on your entitlements, including the likely range of outcomes if the matter went to court and a strategy on how to best approach the mediation.
This article is general information, not legal advice. For guidance on your situation, book a confidential consultation.
