Mediate, not court
There’s been a big shift for parties to mediate in family law. Court is the final option, when other avenues have failed. Even if your matter does go to Court, you might find you are sent off to mediate (again).
Why mediate?
The opportunity to resolve your matter without going to Court;
- Being responsible for the decision is a better outcome than letting a judge decide;
- You are in charge of the decision;
- It is less costly than a trial;
- You have an agreed known outcome and do not have to wait to get a trial date;
- You might be able to reach a partial agreement;
- Even if you don’t reach agreement, you can learn a lot about the other party’s points are and you might get some insight into how they will run their trial.
Best of all, if you reach agreement, there is no Court.
If you are ready for practical, down to earth advice, contact us to arrange an initial consultation.
When should I mediate?
You will need to attend Family Dispute Resolution if you need help with parenting arrangements before you can go to Court (although, there are exceptions).
Family Dispute Resolution isn’t suitable if you’ve experienced domestic violence. Many practitioners in this field are very experienced and will assess the suitability of your matter for mediation. They might be able to do conduct sessions by phone, or where parties are in separate rooms.
In property matters mediation could be done before Court action is commenced, or you might be ordered to attend once you are in Court.
Even though you may have to attend Mediation, any agreement should be that – Agreed. You need to be able to live with the outcome.
Clients sometimes ask if they should go on their own. The answer varies depending on the client and their circumstances. But whatever you do, be prepared. Have some idea about what you want to achieve, what your best outcome might look like and what your worst outcome might look like.
What is 'Family Dispute Resolution'?
‘Family Dispute Resolution’ is another way of saying ‘mediation’. We (in family law) often use it to refer to mediation undertaken about parenting issues. Participating in ‘Family Dispute Resolution’ is the first step to try to resolve parenting arrangements if the parties can’t agree without help.
Should I mediate? Should I go to court? Can I avoid Court if I mediate? Where will find a properly trained and experienced mediator or family dispute resolution practitioner? How should I prepare? What should I ask for?
We can help you with these questions and more. Make an appointment with us to ask your questions.
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