Family mediation is an alternative dispute resolution (ADR) process that can help you resolve your legal issues. These can include a pending divorce, parenting arrangements or financial issues. You can find a qualified family mediator through the government-funded services at a local Family Relationship Centre or Family Dispute Resolution service, or through a private practitioner.
A mediator is a neutral person who helps people to discuss their issues in a private and confidential setting. They can assist in finding a solution to your family conflict and help you document the terms of any agreement reached through the mediation process. They are trained to help you reach a compromise and can provide information about the law, but they will not represent either side in your dispute.
There are a number of benefits to family mediation, including lower costs and more flexibility than going to court. It can also be less stressful for both parties, as it requires cooperation and a willingness to negotiate rather than an adversarial approach. Lastly, children can benefit from the cooperative environment of mediation, as it can lead to parents being more engaged with each other and a positive co-parenting relationship.
How long the mediation process takes depends on the number and complexity of the issues being discussed. It can be as quick as a few hours or it may take place over a few days. You can choose to participate in a shuttle mediation, where the parties are in separate rooms, or a facilitative mediation, which involves the same participants sitting together and discussing their issues with the mediator.
It is essential to come to mediation prepared with all the relevant information relating to your case. This will save time during the session and make it more productive. For example, if you are dividing assets prepare a list of what you have and the current value of those assets. If you are negotiating child support gather bank statements, payslips and other relevant information to determine how much you are paying or receiving. You can expect some difficult conversations during the mediation but working through these is a key component to reaching an agreement.
The mediator will help you to find solutions that work for your family and you can then document these agreements in a formal agreement called a Memorandum of Understanding or a more formal contract, which can be drawn up by the mediator. These can be used in court later if necessary to apply for a Consent Order.
If you cannot agree through mediation, it is important to seek advice from a solicitor to see what your options are. They can advise you about making a parenting plan or a property settlement order. You can find a solicitor in your area through the Law Society website. If you have kids, you can also contact your local Child and Family Law Service for advice. In addition, if you are having issues with money or property, you can try and sort things out with your partner through reconciliation counselling or the collaborative law process, which is similar to mediation but with a focus on rebuilding the relationship rather than the dispute itself. family mediation near me