Divorce Mediation

Divorce Mediation

Divorce mediation is carried out for disputing couples who are unable to come to an agreement on custody and property settlement. Everyone engaged in a divorce finds the process challenging and emotionally taxing. This covers the couple wishing to divorce as well as their kids and even their relatives. The traditional divorce process is often adversarial and contentious, with each party fighting over issues such as:

• Property division (property settlement)
• Spousal maintenance; and
• Child custody

However, divorce mediation is a more collaborative and cooperative approach that can help couples resolve their differences. This way couples can reach a mutually beneficial agreement outside of family law court. Read on to learn more about divorce and how mediations can help with this family law matter. 

What is Divorce Mediation?

Divorce mediation helps divorcing couples negotiate through a neutral third party. A divorce mediator is usually a conflict resolution, family law, and communication expert. Divorce mediation helps couples establish a fair and peaceful agreement that satisfies their needs and concerns.

Divorce mediation is private and outside of court, unlike regular divorce. Couples can customise the agreement to their needs.

Mediation is also cheaper and faster than litigation. It can also reduce the emotional toll of divorce on the couple and their children.

Why Is Mediation Important in Family Law Matters?

In Australia, the Family Law Act 1975 encourages couples to consider mediation as a means of resolving their family law disputes before resorting to litigation. The Act requires parties to make a genuine effort to resolve their disputes before applying to the court for orders regarding:

• Property settlement
• Spousal maintenance; or
• Parenting arrangements

Divorce mediation is important in family law matters because it allows the couple to maintain a sense of control and autonomy over their lives. This is a more viable option rather than relying on a judge to make decisions for them. Additionally, mediation:

• Is often less adversarial and combative than traditional litigation
• Can help to preserve the couple’s relationship
• Minimise the impact of divorce on their children

The Mediation Process

Initial Consultation

The divorce mediation begins with an initial consultation where the mediator outlines the process, answers questions, and assesses suitability for mediation. The mediator also discusses fees and the potential number of sessions needed. This consultation does not obligate the couple to proceed with mediation.

Mediation Sessions

If the couple opts for mediation, they schedule sessions where the mediator aids them in:

• Identifying individual needs and interests.
• Discussing concerns and goals.
• Generating and evaluating options for dispute resolution.
• Reaching a mutually acceptable agreement.

The mediator facilitates a neutral environment, helping the couple to communicate and focus on relevant issues, but does not make decisions for them. Once an agreement is reached, the mediator drafts a legally enforceable written agreement.

Benefits of Divorce Mediation

• Cost-effective: Generally cheaper than litigation due to fewer professionals and less time involved.
• Confidential: Keeps personal and financial information private.
• Faster: Quicker resolution compared to traditional litigation.
• Empowering: Allows the couple to control the outcome.
• Child-focused: Enables a parenting plan that considers the children’s best interests.

Tips for Divorce Mediation

• Choose a qualified and experienced mediator.
• Prepare by reflecting on your needs and gathering necessary documents.
• Communicate openly and listen without defensiveness.
• Be open to creative solutions and think beyond conventional litigation.
• Stay focused on the issues and manage emotions to avoid derailment.
• Be patient as mediation can be time-consuming.
• Review the final agreement thoroughly before signing.

How JB Solicitors Can Help

JB Solicitors is a leading family law firm with extensive experience in divorce mediation and other alternative family dispute resolution methods. Our team of skilled and compassionate lawyers can provide you with the guidance and support you need to navigate the mediation process. 

Contact us today for all your family law matters.