You might be wondering why family mediation might be better than having your post-relationship issues determined through the Court system.
Family mediation is almost always a better option than divorcing through the Family Court for at least 5 reasons. It will save you time, money, is less stressful, will preserve important relationships and you get to make the decisions for your future rather than a judge.
Why Family Mediation Is Better Than Fighting Through The Courts
It’s Quicker
For starters, mediation is usually the quickest way to get your financial and/or parenting issues resolved. A case in the Family Court may take upwards of 2 years to get finalised. Instead of both spouses hiring expensive family lawyers who will argue for months or even years through the Family Court, laying blame on the other party, a good family mediator will focus only on finding workable solutions, guiding both parties to reach their own settlement which with they can live with.
Even if you cannot resolve all your disputes at family mediation, only the unresolved issues will have to be presented to the Family Court, making that process much quicker.
It’s Cheaper
Because you don’t have to involve lawyers, it’s quicker and the fees are way lower. So mediation becomes a far cheaper option than going through the Family Court.
Family mediation is usually done at a fixed cost (unlike family lawyers who usually charge by the hour). So you know what you’re in for right from up front. The fee can either be paid by one person or split– you get to choose who pays what.
So no one gets a hefty legal bill every month for the next few years or nasty surprises at the end (as often happens in long-winded court cases).
It’s Less Stressful
Family court cases are likely to be extremely stressful, not only for the separating parties but also for their entire extended family and, often, friendship groups. Family mediators remove much of the stress and anxiety by looking for points of agreement, looking for solutions and remaining calm and focussed on the real issues.
They are skilled and experienced in dealing with financial settlements, parenting and children’s matters, by remaining impartial throughout the process, while offering legal guidance to both parties. Once you have reached an agreement at mediation with your ex, the mediator will help you draft the agreement paperwork to submit to the Family Court to be made legally binding.
So, when it’s all done and dusted, you have not become totally embittered by a process that looks for rights and wrongs and mud-slinging.
It’s More Amicable
Family mediators do not act for either party. Instead, they explain the legal rights and obligations to both parties, empowering them to negotiate an amicable settlement to suit their circumstances.
Knowing exactly what their legal rights are, also prevents both parties from making unreasonable claims from each other. This point alone, ensures that animosity remains low-key, making the entire process far more amicable. Ongoing relationships (as, for example, parents) are not utterly destroyed by constant battles in Court
Where there is a history of abuse or violence, if you choose to proceed with family mediation, the sessions can take place by video or with parties in separate rooms, removing concerns around conflict and intimidation.
Unlike Court, where legal terminology is often confusing, mediators usually try their best to keep communications clear, talking in layman’s terms so everyone understands.
The confidentiality of the mediation process encourages parties to disclose sensitive information that would have otherwise been made public in a Court procedure.
You Get To Decide
At the Family Court, your lawyer will present the case on your behalf and a Judge will have the final say. When you choose family mediation, you and your ex get to decide together what’s best for you and your children.
Throughout the entire family mediation process, you have as much time as you need to work through each issue, without ever being pressurised to accept any term with which you do not feel comfortable.
As an extra layer of protection, you may also seek a second opinion from a family lawyer, should you wish, or potentially have them attend the mediation sessions with you.
The bottom line is that you stay in control of your own situation throughout the process.
Hopefully you now have a clearer understanding of why family mediation is better than fighting through the Courts.
Ready to start the family mediation process? Get in touch with Ian today for a confidential discussion.
