If you’re having difficulties reaching an agreement with your former partner, you might be suggested or required to attend mediation. Generally, mediation is when two conflicting parties in an argument come together with an impartial mediator, whose role is to facilitate discussion and negotiation.

When it comes to family law mediation, people are often confused as to why it exists and how it can help, if at all. Since the aim of mediation is to find a resolution for their dispute and thus avoid costly, lengthy and difficult litigation and court proceedings, we at Withstand Lawyers advise our clients to get fully involved.

Why Isn’t a Lawyer Enough?

One of the most common family law mediation questions is what the difference between a mediation and a divorce lawyer is, because people expect to reach agreement when lawyers are involved. But your lawyer represents your interests in a family law matter, and your ex-partner’s lawyer will do the same for them. On the other hand, mediation encourages former couples to reach an agreement themselves. More importantly, a mediator is impartial.

What If I Don’t Feel Safe?

Mediation may not work for everyone. If there was any family violence involved, or other power imbalances, this may affect a party’s ability to participate effectively in the process. This can be prevented even before the mediation starts. Your mediator will usually contact you with a series of questions as part of a screening process, and the screening process will allow them to decide whether the mediation should proceed.

What If We Can’t Agree?

Sometimes even with the best mediator the parties can’t resolve their differences. Since some couples sometimes just can’t agree, no matter how good their intentions are, this is one of those family law mediation questions that worry the parties involved the most. Some issues can be narrowed or better understood via the process. At other times, mediation can just prove to be inappropriate or plainly unsuccessful.

Why Is This Good for Me?

Mediation allows the parties to make their own decisions, and encourages them to do so. This is likely to lead to satisfaction when it comes to the outcomes of the dispute. In parenting matters, where both parties focus on the benefit of the child, mediation can assist them to move away from their entrenched positions. This way they will be able to explore each other’s interests and the best interests of the children. Of course, financial benefits to the parties shouldn’t be forgotten: mediation can significantly reduce costs of litigation. In addition, successful mediation can even reduce the delays often experienced with the process, as well as the animosity created by the opposing side.

If you’re wondering about mediation and whether it would be a good way for you to try and solve your dispute with your former partner, please call us as soon as possible and we will arrange a meeting. Here at Withstand Lawyers we have had experience mediating even the most difficult couples, and know how to contribute to them working together.

Call your representative at Withstand Lawyers today to discuss whether you are obliged under the family law to attend mediation, or if not, how you can organise a session with your former partner. If you do not have a representative with us, call us at 1800 644 541, email us at info@withstandlawyers.com.au or send an online inquiry so we can assess your situation better. To welcome new clients, we will provide you with free family law advice.

Free Case Appraisal

Leave us a message and we'll call you back!

Law Society