Alternative Dispute Resolution has a critical place in the modern world of family law. Mediation is a common practice in the modern legal landscape, particularly in family law. So, what is mediation? How can it help?

What is Mediation?

Mediation is a process where a neutral, third party assists in discussion and helps create an agreement between the two parties. Mediation is generally more informal and cost effective than going to Court. It is also considered more time efficient, often requiring only two to three sessions. These services are provided by mediators who often have experience in legal fields as well as mediation training.

How Can it Help?

Mediation tries to create a more comfortable, less combative environment to discuss the issue. In regards to family law, the mediator creates a safer space for parties to have more control over their desired outcome, but also establishes the idea of a ‘consensus’ or ‘agreement’ rather than, a forced outcome by a Court. This in the long term leads to more satisfaction with both parties, rather than one party feeling like they ‘lost’ in the judgement.

Do I Give Up My Legal Rights if I use Mediation?

Definitely not. The legal rights of both parties are paramount in all forms of Alternative Dispute Resolution. Mediation does not substitute legal advice, and it is recommended that both parties consult a lawyer before participating in mediation. Legal Representatives can be present in mediation sessions (as long as both parties agree to it).

Can I Be Forced into an Agreement?

No, the idea behind mediation is that the mediator attempts to put both parties into a situation where they agree. Once an agreement is signed however, it does become binding. We recommend having a lawyer review any written agreement before it is signed.

Cost of Mediation

Mediation can cost significantly less than going to Court. Results can often be seen after only 2 or 3 sessions, with the price per hour often including the mediator and hire for the space. Costs are often split between equally between the two parties equally, but each party would pay for their own legal representative at their own rate. Community based family law services also often a standard fee based policy, dependant on the income and capacity to pay of the parties involved.

Mediation can often be the first step in a series in an attempt to resolve a dispute. If you have any queries, or need assistance in a Family Legal Matter contact Banga Legal.