What is divorce mediation?
Divorce mediation is more commonly known as family mediation or formally as family dispute resolution. The terms often get used interchangeably. It’s facilitated and managed by a family mediator (family dispute resolution practitioner) and assists divorcing couples in developing parenting plans and financial and/or property agreements.
Importantly, mediation is known as alternative dispute resolution. It isn’t adversarial like a court hearing. Family mediation is collaborative, with parents developing plans and agreements based on the best interests of the children impacted. This idea is enshrined in law (the Family Law Act, 1975) and entrenched in practice.
A divorcing couple is expected to engage with family mediation and court is seen as a last resort. Exceptions around family and domestic violence, mental or physical health issues, or capacity to mediate are recognised which means not all situations are appropriate for divorce mediation and may go straight to a family court hearing.
Divorce mediation usually involves the two parties and a family mediator however if in agreement parties may have their lawyers attend to provide advice and often support people may also be present.
Five benefits of using mediation to resolve divorce
It costs significantly less than going to court
At Resolutions Australia we see a number of clients who, in hindsight, wish they’d made more of an effort with mediation due to the sheer cost of going to court or trying to have their lawyers negotiate a settlement.
Every letter, every email, every phone call, every meeting, and every mile a lawyer puts in on your case is charged. Usually at many hundreds of dollars per hour. We have clients who have spent tens, even hundreds of thousands of dollars on lawyers and have then had judges hand down decisions that go against them.
With divorce mediation services you usually pay a one off fee, pricing is upfront and known, and the total cost is usually a tiny fraction of a protracted legal battle.
By resolving issues through the use of family mediation we can guarantee you’ll be significantly better off financially.
You stay in control of the outcome
The plans and agreements you and your ex reach in divorce mediation are yours. Suggested by you, negotiated by you, developed by you, and relevant to your specific situation. You’ve been empowered to take charge of the process, to manage the needs of your children, and to develop your own solutions. Your agreements and plans are authentic and realistic for your situation.
This is significantly different to having the family court decide for you. You and your ex attend court, all your information, ideas, thoughts, details are presented. The other party’s lawyer can spend time attacking all that you’ve divulged and then a Family Court judge will make decisions based on the evidence provided.
While the best interests of the children impacted are central to a judge’s decision making it is very difficult to see how these needs are best fulfilled by a plan developed via the Family Court rather than the collaborative efforts of the parents.
It’s faster — most cases resolve in weeks, not months
Using divorce mediation is significantly faster than trying to proceed via lawyers and the Family Court.
For a start, the court expects all divorcing couples to attempt family mediation unless their situation fits into a narrow band of criteria. With this in mind it’s possible to make contact with a divorce mediation provider and have your family mediation completed in a week or two.
At Resolutions Australia we can go one better and have your mediation completed as soon as you’re willing. And we also mediate after hours and on weekends!
Lawyers and the Family Court move significantly more slowly. If negotiating with your ex via lawyers the process will likely continue for many months as all correspondence is disseminated, ideas are considered, instructions are taken, and responses are drafted. All this for one aspect of an agreement then on to the next point of contention.
Likewise the Family Court. It may take months to get a first hearing where the basics are presented. The judge will likely schedule a hearing date for some point months into the future. Depending on the ebb and flow of correspondence between lawyers for the parties this date may end up being pushed back repeatedly. At Resolutions Australia we know of numerous Family Court cases where resolution times are measured in years not months.
We often ask clients whether the lost parenting time and potentially astronomical financial costs are really all worth it especially when we can support resolution quickly, effectively, and at a cost that’s affordable.
It protects your children from conflict
One of the great benefits of family mediation is that the focus is on parental collaboration. The expert mediation team at Resolutions Australia ensure the focus is on the children and not on whatever issues the parents have with each other. The problems between the adults are simply deflected and have no bearing on what’s best for the children.
By doing this the parents are able to re-engage with each other more positively than if they were adversaries. This then has the parents realise that even though there are personal issues between them these don’t need to impact the communication about the children. It minimises conflict about the children and certainly minimises any signs of conflict for the children. A very positive state of being for the new normal the split family is developing.
Unfortunately the Family Court is adversarial. Even though the judge is making decisions based on the best interests of the children, the presenting and questioning of evidence by the lawyers of both parties does little to diminish the conflict between parents. Bluntly put, it exacerbates it by pitting one parent against the other.
Agreements are more likely to last
As a potential client ask yourself this question, ‘Which agreement am I most likely to follow, the one I collaborated on or the one I was told to follow?
There is data available that unequivocally highlights the fact that agreements reached during family mediation are significantly more likely to be adhered to than court formulated agreements.
Agreements reached in family mediation are yours. You collaborated, you expressed your thoughts, ideas, and concerns, you found your way forward and created a plan or agreement personal to your family situation and the needs of your children. Congratulations! It’s authentic, realistic, personalised, and manageable. And it’s yours.
Questions our Clients Frequently Ask
How do divorce mediation services work in Australia?
Divorce mediation services are available through not-for-profit organisations (cheaper, often a lengthy wait, short mediation sessions, often the family mediator isn’t the person who did your intake and may have very little knowledge of your situation prior to mediating), private businesses such as Resolutions Australia (we’re one of the most cost effective, resilient and flexible towards client needs, offering open ended mediation times if needed, providing expert help and very short wait times), and specially trained lawyers (often significantly more expensive, not the lawyers core business, often less collaborative and more party vs party in our experience.)
Divorce mediation is expected to be undertaken by a couple divorcing with a view to avoiding a court hearing and resolving issues as quickly and collaboratively as possible.
Is divorce mediation legally recognised in Australia?
Absolutely! Not only is it legally recognised it is firmly entrenched in family law and expected to be undertaken prior to any court attendance. In fact it’s hoped the family mediation helps couples avoid court altogether!
How long does divorce mediation take?
An intake session is usually 60-90 minutes and a full mediation 3-4 hours. It depends on the issues being worked on. Some couples may need 3-4 sessions to organise immediate parenting, long term parenting, finances, and property or business agreements. For many, just one family mediation session is all that’s needed.
Do both parties have to agree to mediation?
Yes. If someone is unwilling to mediate then the divorce mediation won’t take place. The willing party will be issued a section 60i certificate by the mediator and then the matter may progress to court. If a party has refused to attend and then appears in court there’s every chance the judge will order them to pay the other parties legal costs given the refusal to mediate.
There are other circumstances where a party may be unwilling to attend e.g. domestic violence issues, mental or physical health problems, or their capacity to understand proceedings with the appropriate depth and clarity. These situations are handled differently to a refusal. If this applies to a client (or potential client) one of our mediators will talk them through.
What is the difference between mediation and going to court?
The biggest difference is that in divorce mediation the ex couple work collaboratively to best address the needs of the children. In court it is party versus party with a judge making the decisions. Certainly not as conducive to a positive outcome as family mediation!
The cost of going to court can be in the tens of thousands of dollars e.g. a lengthy, perhaps full day hearing, your lawyer’s time on the day plus their preparation time, then add the cost of the barrister who appears on your behalf actually in court. You might also have additional costs such as a psychologist giving evidence who is speaking to a report on the children they wrote… the cost of that report. The bill can rocket upwards remarkably quickly.
Family mediation? A tiny fraction of the cost. At Resolutions Australia a full intake and mediation session will cost $800 per person. A significantly cheaper option!
An important difference between family mediation and going to court is the emotional toll going to court can have. Collaborative family mediation is much more conducive to a more positive parenting relationship going forward than an adversarial court case where lawyers argue and judges decide on what’s best for the kids.
Lastly, you can often see a family mediator within a week or two. Try to get a Family Court hearing and you’ll be waiting months for just the first mention. At Resolutions Australia we often hear of relatively simple parenting based cases that have been going on for years with appeal after appeal and changes to parenting orders constantly being sought. Sadly, we also know of cases that have continued until the money runs out simply because two parents looked upon their split family situation as a competition to see which parent could ‘win.’
How much do divorce mediation services cost?
At Resolutions Australia a full intake and mediation session will cost $800 per person. This is considerably cheaper than many other private providers and significantly cheaper than a lawyer based mediation.
So, what can you expect from Resolutions Australia?
At Resolutions Australia we’re hugely proud of the fact that we have numerous positive points of difference when compared to other divorce mediation services.
Firstly, we’re one of the most cost effective private providers in the country. At $800 per party clients will undertake an initial phone call, intake, and mediation session. We don’t charge for providing referral information, cancellations or postponements, the cost of drafting and distributing agreements, or providing section 60i certificates after intake.
Secondly, we can mediate your situation quickly. Often within a few days to a week. Evening and weekend times are available as well.
Thirdly, our mediation times are open ended so if we need more time beyond the usual four hours then we can do it. We never schedule any business after the proposed end time which means if clients are willing we can keep working.
Lastly, our focus on mediating exclusively online means we’re adept at supporting you in the place you feel most comfortable, your home. We understand and are experts at, utilising the online format for maximum benefit.
So, with all of the above in mind, if you’re seeking timely, expert, cost effective family mediation we urge you to make contact, we’d love to hear your story!
