Family law disputes can feel overwhelming, particularly as they involve sensitive matters like dividing finances or making arrangements for your children. For many separating parties in Western Australia, mediation offers a efficient and less stressful way to resolve these issues without the need for a drawn-out court battle. Mediation is also a potential means to preserve or construct a 'new' parenting relationship moving forward.
What is Mediation?
Mediation is a third party facilitated process where you are able to meet and constructively discuss how to resolve issues you might have in dispute. The mediator, a neutral third party, helps guide the discussions and negotiations. Mediators are not able to provide advice or make decisions for you, however, they may have some useful suggestions for you to consider and they may also make it easier to understand everyone's positions to assist facilitate negotiations.
Following separation, mediation is a forum in which both property and financial matters and parenting arrangements can be discussed.
The focus in mediation is on effective communication, generating options and assisting parties to be future focused, rather than dwell on issues from the party. This is particularly useful in dealing with children's matters, to assist in establishing a positive co-parenting relationship.
Mediation has a number of benefits, including:
- It is often a relatively quick process compared to other types of negotiation (such as correspondence through lawyers or the Court process).
- Mediation is cost effective, you have options as to using either a not-for-profit provider, which will likely have low fees or a private mediator.
- Mediation is designed to establish and/ or preserve relationships. The process is collaborative as opposed to adversarial and focuses on implementing plans for parties to work together, particularly in respect to arrangements for children.
- Mediation allows you to make your own decisions by a process of gathering information, assessing the options and then making agreements which you can live with. The process is very different from Family Court where the ultimate decision can be taken out of your hands and you may not even have input with regard to practicalities. Mediation will undoubtedly include compromise, but you get to ultimately choose what you can live with and what you cannot.
- Mediation is a confidential process, which provides a space for parties to be candid, open and honest and can assist to ensure that all aspects of your concerns are considered.
Overall mediation is suitable in many (but not all) situations and is a valuable option for resolving matters in dispute in a time and cost efficient manner while attempting to ensure you can still remain amicable with the other party moving forward.
More information about mediation for separating families is available here:
https://www.familyrelationships.gov.au/separation/family-mediation-dispute-res
You can also speak to one of our experienced lawyers or mediation providers about how the process might benefit you.
