Family Lawyers Central Coast

What is family mediation?

Mediation is an alternative form of dispute resolution which has proven to be very successful in family law contexts as a method of dispute resolution because it allows the parties to communicate in a non-adversarial context.  Traditional litigation is very formal and procedural and pits the parties against each other in a battle for supremacy on the basis of evidence.  It is now recognised that in family dispute situations this is a often distinctly unhelpful as a method of resolving a dispute.  It often involve far greater costs than alternative dispute resolution such as mediation.

In the context of family law, mediation involves the parties and their legal representatives attending before a mediator who is an independent third party that has training in dispute resolution and family law.  The mediator’s job is to assist the parties to seek a resolution by suggesting possible options for the resolution of the dispute which the parties may not have previously considered.  It also involves creating an environment of trust and safety where the parties can openly and honestly discuss the issues in the dispute between the parties which gives then an opportunity to communicate in a way that they may not have previously had the benefit of.  For this reason, mediation agreements almost always mean that the parties cannot use anything from the mediation as evidence which is admissible in court.  Most mediations also involve confidentiality provisions which mean that the lawyers involved and the parties are not legally entitled to disclose any information from the mediation unless compelled to do so by law.

In Australia, the recognition of mediation as a viable method for the resolution of family law disputes has led to the widespread adoption of a court referral system for family law dispute resolution which involves the court ordering that the parties attend mediation in order that a resolution to the matter can be sought.  If you require representation at a mediation or if you require a referral to a family dispute resolution practitioner, we can assist you if you would like to get in contact with us.