Mediation Explained: How It Works and Why It Matters

  Mediation offers participants greater control and input into the process and outcome, which can help settle a dispute in a more affordable and timely manner. Find out more about family dispute resolution services, the process involved, and benefits of mediation. Let’s take a closer look.

What Is Family Mediation?

Family mediation is a structured negotiation process where separating families try to reach an agreement to resolve their disputes. Mediation helps facilitate communication, understanding and helps parties to identify their needs, without the expense and stress of court proceedings.   A mediator helps families in conflict by giving them control of effectively managing their dispute, and by help them identify the issues and agree to a suitable resolution. Mediation will occur before court proceedings commence, which may result in the resolution of Family Law issues without going to court.

What Happens In A Mediation Session?

Mediation generally occurs with both parties in the same room. An independent person will assist the parties to identify the main areas of dispute and help explore options to negotiate an agreement. Parties may opt for shuttle mediation in circumstances where they do not feel comfortable in the same space. In this situation, parties in dispute sit in separate rooms, and the mediator speaks to each person privately and acts as a messenger between them. It can be a beneficial alternative to help negotiations occur when parties are not on speaking terms.

Who Is Involved?

When attending a joint mediation several people, other than the mediator, will be involved. In most circumstances, both parties will attend the mediation themselves, as well as their legal representative. If all participants agree, support people will be permitted attendance to provide guidance and personal support. 

Possible Outcomes

The best case scenario after a mediation session is for every dispute to be resolved, and for both parties to reach a mutual agreement regarding future arrangements and care for their children. When a matter is completely settled, a record of the agreement is made, and both parties sign the document. The mediator will notify the judge to advise that the matter has been resolved, and the case will not proceed to court.   When the matter has not been settled, or when parties involved are unable to reach any agreement, it may be necessary to prepare for court proceedings.

Preparing For Mediation

Mediation is an ideal environment for resolving disputes, but for mediation to work effectively, both parties must be willing to compromise and have an open mind. There must be a mutual willingness to discuss openly and explore potential solutions in a supportive environment.  A beneficial mediation session is possible if the following points, are considered:

• Establish the crucial issues under dispute
• Acknowledge the sources of conflict and facts
• State what issues are personally the most important 
• Prepare ways to communicate the issues effectively 
• Consider future relationships and how compromise may be beneficial
• Discuss issues openly and explore all options with flexibility and patience
• Consider the other person’s objectives and how they can be accommodated
• Obtain appropriate financial or legal advice before the mediation
• Consider the risks of not resolving the issues

What Benefits Does Mediation Offer?

There are several benefits to settling a dispute via a mediation process, including the following:

• Mediation is more cost effective than court proceedings
• A dispute can be resolved more quickly and efficiently
• The informal process provides a comfortable stress-free environment where parties can speak openly and honestly about their dispute
• Participants have control over the outcome, the process can be customised and offers greater flexibility
• Statistics prove that the mediation process is an effective way of resolving disputes 
• Conversations held within a mediation session are confidential and can not be used as evidence in court
• After a mediation session, both parties agree on the outcome, which ensures that they are more likely to be satisfied with the process and comply with the settlement agreement
• The mediation process provides finality to a dispute, where outcomes are discussed and finalised via an enforceable contract
• Parties can resolve Family Law issues without going to court

What Is Family Dispute Resolution?

Family dispute resolution (FDR) is a mediation that caters specifically to separating families.  It provides a safe environment where both parties can attempt to resolve their dispute using a neutral person, a family dispute resolution practitioner, acts as a mediator. Discussions that take place within a FDR session are confidential, which can allow both parties to share information that they may withhold in a court environment.  Both parties decide on how the mediation is conducted and are more likely to be satisfied with the result, as they help to control the process. In parenting matters, family dispute resolution must occur before commencing court proceedings. 

What Is The Role Of A Family Dispute Practitioner?

During a session, an accredited family dispute resolution practitioner will help families reach mutual agreements, offer guidance and support and help ensure the children’s best interests are the focus. Family dispute resolution practitioners act as an independent third party, to help separating couples resolve their disputes and reach a workable agreement. Once an agreement is reached, the family dispute practitioner can help formalise the decisions by creating a parenting plan.

What Services Are Available?

Family dispute resolution services are available through government funded agencies or private businesses.  Government funded services include the following:

• Family Relationship Centres
• Legal Aid Commission
• Community based Family Law Services

Community legal centres can offer free advice, and some may offer private representation. Legal aid is available to eligible persons who qualify, but there are restrictions to the matters they can assist. Private legal practitioners are available in each state and territory, also the law society, who can offer mediation services at a cost. Individuals in a rural or remote area can access internet based FDR services via the Family Relationship Advice Line or consult with a private FDR practitioner.

Summary

Family mediation is a structured negotiation process where separating families try to reach an agreement to resolve their disputes. Mediation helps facilitate communication, understanding and helps parties to identify their needs, without the expense and stress of court proceedings.  For mediation to work effectively, both parties must be willing to compromise and have an open mind. There must be a mutual willingness to discuss openly and explore potential solutions in a supportive environment.  Family dispute resolution (FDR) is a mediation that caters specifically to separating families.  It provides a safe environment where both parties can attempt to resolve their dispute using a neutral person. There are several benefits to settling a dispute via a mediation process, such as; disputes can be resolved quickly and efficiently, are more cost effective than court proceedings, and provide a stress free environment where both parties have more control over the outcome.

FAQs

What Is Mediation In Simple Terms?

Mediation is a structured negotiation process where separating families try to reach an agreement to resolve their issues. It provides a safe environment where both parties can attempt to resolve their dispute using a neutral person, Mediation is an ideal environment for resolving disputes, but for mediation to work effectively, both parties must be willing to compromise and have an open mind. Family dispute resolution (FDR) is a mediation that caters specifically to separating families.  It provides a safe environment where both parties can attempt to resolve their dispute using an independent third party.

What Happens During Mediation?

Mediation generally occurs with both parties in the same room. An independent person will assist the parties in identifying the main areas of dispute and help explore options to negotiate an agreement.  When attending a joint mediation several people, other than the mediator, will be involved. In most circumstances, both parties will attend the mediation themselves, as well as their legal representative.  When a matter has been settled, a record the agreements is made, and both parties will sign a parenting plan.

What Is The Purpose Of Mediation?

Mediation helps facilitate communication, understanding and helps parties to identify their needs, without the expense and stress of court proceedings. Both parties decide on how the mediation is conducted and are more likely to be satisfied with the result, as they help to control the process.   The best case scenario after a mediation session is for every dispute to be resolved, and for both parties to reach a mutual agreement regarding future arrangements and care for their children. When a matter has been settled a record of the agreements is made, and both parties will sign the document.