It’s rare for divorce to be a smooth process. Almost inevitably, one or both parties will feel anger, hurt, sorrow or regret at the breakdown of their relationship. Unfortunately, this can sometimes manifest itself as a desire to ‘get even’ through the courts, resulting in costly and protracted legal wrangling over the fair division of assets or custody of children.
If possible, its beneficial for you and your ex partner to come to an agreement together in the form of a binding financial agreement:
- Separation Agreement (for married couples), or
- De Facto Separation Agreement (for couples in a de facto relationship), and
- Child Support Agreement and Parenting Plan.
In situations where you’re unable to communicate effectively and move forward, family law mediation can frequently be of benefit in achieving a more harmonious outcome. Find out below what mediation is and the advantages it can bring.
What is family law mediation?
Family law mediation is essentially a conversation between the two parties in divorce proceedings, facilitated by a trained and experienced third party (the mediator). Each party in the divorce is assisted to prepare a statement in advance of their expectations on the division of property and any other relevant matters. The mediator then negotiates between the two parties to find a mutually beneficial solution.
What are the advantages of family law mediation?
Because family law mediation works towards a win-win outcome, both parties find that they get a solution they’re happy to move forward with. This can minimise the risk of issues like returning to court repeatedly and lessens the desire to use court proceedings as a weapon against the other party. Many couples find mediation less costly, faster and less intimidating than court.
What if I’m too angry to communicate with my ex?
Mediators are highly skilled at what they do and are used to dealing with family court and separation matters where feelings are running high! Family law mediation can still be successful, even if the parties can’t bear to be in the same room as each other. Remember that the mediator can offer suitable options to enable both parties to find common ground, no matter how difficult this may appear to be initially.
If you’re keen to reduce the costs associated with divorce or other family law matters and the negative impact of the ‘me versus them’ position, family law mediation can be a solution.