Mediation - the benefits

Although there is a cost to the mediation process, a benefit is getting people around a table (where that is appropriate) and focused on resolving their issues. Sometimes negotiations can drag on without much progress. The cost of a mediation can save many thousands of dollars in legal fees. 

Court proceedings are an adversarial process. People sometimes get caught up in making and defending allegations. The process can feel like a "fight" over rights and principles. Mediation cuts through those processes to give people a chance to get to the heart of the issues in a comfortable environment. It is the exact opposite of an adversarial process.

With court proceedings, you must attend a specific location each time. A mediation can happen anywhere there is a confidential space. Metropolitan or regional areas. Lawyer's offices are often used. Boardrooms can also be hired to provide a completely neutral venue. We can also conduct mediations by Zoom or MS Teams, so an outcome can be achieved from any location with reasonable Wifi and basic technology.

It is always important to obtain some independent legal advice before you attend mediation. You should have some knowledge about potential reasonable outcomes. We conduct mediations where both people are represented by lawyers, or where only one person has a lawyer or if neither person is represented. In those situations, we will always give people a chance to consult with their lawyers before they sign any agreement.

There are many different types of mediation, and we adapt these to suit the people on the day. Mediation in parenting matters can involve delving into past issues to identify reasons for conflict in order to provide solutions for future communication and parenting decisions. It is important to deal with how people can resolve issues in the future when lawyers are no longer present, or court proceedings are over. 

Court proceedings result in a series of orders that you have no real control over. A third party will determine your dispute and tell you what you must do. With mediation, you can take control over the process and devise a result that suits you and your children. You have much more of a say in the outcome.