Family mediation should be considered when both parties want to resolve disputes related to separation, parenting, finances, or property without going to court or negotiating via lawyers. It offers a faster, more cost-effective, and less stressful alternative to legal action.
What Is Family Mediation?
Family mediation services are an alternative to resolving disputes through lawyers or the family court. It involves utilising a qualified and registered mediator to support the parties to work together in the best interests of the children, to find a workable solution to whatever issues they have.
How does family mediation work?
Family mediation is very user friendly. The two parties bring the content, the family mediator brings their management skills, and together they seek resolution.
At Resolutions Australia we carry out an individual intake session with each client to get to know them, their situation, the nature of the conflict, and the client’s thoughts on possible solutions.
From there the actual family mediation session then takes place. The mediator (family dispute resolution practitioner) keeps the focus on the needs of the children and continually promotes collaboration. Both parties share their concerns, possible pathways forward are noted, there’s the gentle ebb and flow of ideas, plenty of reality testing of potential solutions, and agreement is reached in the majority of cases.
What’s the role of a family mediator?
The family mediator is a qualified and registered family dispute resolution practitioner. They have specialist post-graduate training and their registration is with the Office of the Attorney General of Australia.
The mediator’s role in providing mediation for family conflict is to manage the process. Through using their specialised skills mediators ensure the parties in conflict maintain a focus on the needs of the children impacted, are communicating appropriately, that the balance of power is neutral, and that the process is authentic, realistic, and manageable.
Family dispute resolution services explained
Family dispute resolution services are guided by legal oversight. Practitioners are required to act within the boundaries of the family despite regulations legislation and the actual act of family mediation must be based on the best interests of the children impacted. This is enshrined in law (Family Law Act, 1975.)
The Family Court seeks to have couples who intend to divorce to attempt family mediation. This helps save the court’s time, reduces legal costs for clients, and is certainly more timely than waiting for a court date. Arguably most important is the fact that the parent parties are in charge of their decisions in making parenting, property, or financial agreements rather than a judge making the decisions for them.
Being in charge of your own family decisions supports an improved relationship between the parties and also helps ensure the agreement is suitable and workable.
Family Mediation vs Court – Key Differences
When examining family mediation versus attending court it is easy to recognise a number of fundamental differences.
What is the mediation vs court cost comparison?
At Resolutions Australia we offer intake, a standard 4 hour mediation, and the drafting and distributing of agreements for a flat fee of $800 per client. This is extremely competitive when compared to other similar providers.
To pursue a family court case with a first call hearing, full hearing, possible appeals, and seeking changes to orders is going to potentially cost into the tens of thousands of dollars. Lawyers, submitting legal documentation, advising a barrister, hiring experts such as psychologists or organising a children’s report, travel and possibly accommodation expenses, time away from work, the hearing dragging into a second day…
At Resolutions Australia we all too often engage with clients who wished they’d prioritised mediation more highly. We’ve heard far too many anecdotes about people spending all their money on legal costs and literally having nothing left to argue over.
Is there a time difference with mediation vs court
Most family mediation companies can conduct intake within a few weeks. At Resolutions Australia we can usually do it within a few days. Something we’re very proud of! Couple this with the mediation and often the entire process, from first engagement to final agreement is done within a week (or sometimes two.)
A first call type hearing in the family court. A few months. Then it takes longer to wait for your hearing to happen. Through our professional networks we’re hearing about 6 months before a full hearing, depending on location. Remember however, this may be pushed back through one or the other client requesting more time. We’re aware of parties using this as a delaying tactic to inconvenience the other party. And it works! Cases can drag on for months and years and the process of going to court gets used as a ‘punishment’ wielded by one party over another.
What about privacy issues in mediation vs the legal process?
Family dispute resolution is entirely private and confidential. This protects both the parties and the family dispute resolution practitioner. Anything said or recorded in family mediation is private and confidential and inadmissible in Family Court if the parties end up there.
As part of the principle of open justice, Family Court hearings in Australia are generally open to the public. In effect what this means for parent parties in dispute is that at their court hearing any member of the public can attend. The public can listen and watch as the parties in dispute discuss their personal lives, and are cross examined in minute detail. Every embarrassing incident, every nasty text message, every answer about intimacy. It’s all available for public viewing.
How do family mediation outcomes differ from court?
When you use mediation for family conflicts your family mediator is supporting the parties to collaborate and develop an agreement together. Family mediation recognises that as parents it’s you that know your children best. Together your focus is on the children and your mediator won’t let any personal animosity derail the process. Through negotiation and reality testing both parties will achieve a workable solution to the issues in dispute. It’s an agreement you both own because you developed it together. A fantastic outcome and one significantly more likely to be successful because of this ownership. Another outcome we often see at Resolutions Australia is an improved relationship between the parties. There’s a greater willingness to communicate effectively and accommodate needs and change peacefully.
Family Court outcomes are derived from decisions made by a judge. These decisions are based on an adversarial hearing where the two parties (usually via lawyers) are pitted against one another via their competing needs. After considering both sides the judge will make a decision that they believe is in the best interests of the children. Whether the orders made actually are in the best interests in practice isn’t a factor. The decisions of the Family Court are handed down and must be followed. To change them in any way requires another hearing.
The decisions are not owned by the parents and parties often frame them as ‘winning’ or ‘losing.’ This is simply not conducive to a more positive, effective working relationship between the parents for the benefit of the children.
When Should You Choose Family Mediation?
During separation or divorce
Given that the Family Court expects all separating and divorcing couples to attempt family mediation it’s a wise idea to recognise and prepare for this. Family mediation supports early problem solving, resolving issues before escalation, and laying the groundwork for a positive, collaborative co-parenting relationship.
Parenting or custody disputes
Family mediators are adept at supporting split families in developing parenting plans. Using family mediation helps ensure that differing perceptions around the children, their needs, and how to go about ensuring these are met are discussed, analysed, and understood. This means that parenting planning becomes informed, collaborative, and targeted to specific needs. Fair more authentic and realistic than relying on a decision handed down by the Family Court!
Financial or property disagreements
At Resolutions Australia we’re able to mediate financial and property agreements. Our clients discover that timely resolution helps them to move forward quickly and purposefully. The speed at which financial disputes are solved directly correlates to the split couple’s ability to move forward, protect assets, and begin their family’s ‘new normal.’
Using lawyer-led negotiation or seeking a Family Court hearing will ensure that legal expenses will sky rocket, that months or even years will pass before resolution, and that the emotional stress related to locked up finances and settlement will potentially become significantly harmful.
Communication breakdown between partners
When a couple splits there is often acrimony and a breakdown in communication. With little consideration split couples start trading demands via their lawyers and resolution gets further away as the relationship becomes damaged beyond repair. Separation and divorce simply don’t have to be this way.
Benefits of Family Mediation Over Legal Action
As you can see from the above there are numerous benefits to engaging with family dispute resolution services instead of pursuing legal action.
Simply put the benefits are:
- The cost-effectiveness of family dispute resolution.
- Faster delivery of family mediation and its outcomes.
- Your privacy and confidentiality are maintained.
- Family mediation is significantly less emotionally stressful!
When would legal action be necessary?
There are a number of reasons pursuing legal action via the Family Court may be necessary. Your family mediator can discuss these with you. If they apply to you then seeking advice from your family lawyer is recommended.
Family and domestic violence cases
Sadly family and domestic violence (FDV) is on the increase and is both broader and more prevalent in nature than many people realise.
When making enquiries with a family mediator they may find your situation is not suitable for mediation due to evidence of FDV. The power imbalance between parties, their emotional states, the nature of the FDV, the potential negative impact on decision making, can all be reasons to not mediate. Once this has been discussed with a mediator, Resolutions Australia always strongly urges you to contact a family lawyer. We can help with this and with any other referrals needed to ensure your safety.
Non-cooperative parties
When one party wants to mediate but the other refuses or simply fails to respond to our invitation then legal action is usually necessary. At Resolutions Australia we’re able to issue you with a section 60i certificate that acknowledges your willingness to mediate but a failure to accept our invitation by the other party. This can then be submitted in Family Court and potentially have an impact on your hearing as well as the awarding of related costs.
Urgent legal intervention required
Sometimes urgent legal action is required. It may be to stop a child being removed from the country by a parent, a significant family health event occurring, putting a hold on the sale of assets in dispute… the list is potentially endless. At Resolutions Australia our default position is that if we can support parties we will however for matters of urgency, where hours and minutes count, then we defer to the Family Court.
Ironically, we rarely mediate urgent matters due to their very nature. They usually involve one factor as opposed to mediation that seeks to support parties to resolve larger and more complex concerns.
How Family Mediation Services Can Help You
Personalised mediation support
At Resolutions Australia we’re interested in you, your story, your journey, your situation. Our support is based on these factors and the recognition that the best interests of your children are the priority and any agreement reached reflects through an understanding of the family.
We want our clients to see a positive new normal that’s child focused, where the parents are able to identify appropriate ways to interact for the betterment of the split family.
Structured conflict resolution
Family mediators provide the structure and guidance for parties to own the process and the outcomes. Collaboration, authenticity, empowerment. These words guide us and often provide the framework for parties in dispute to recognise new, more positive ways to interact.
Legally guided agreements
The agreement you have reached together has been constructed in a legal framework with regulations and expectations. Your family mediator helps to ensure that this framework is maintained and adhered too throughout. What clients see as a robust back and forth discussion is in fact a carefully crafted process with a skilled professional within the family law environment.
To Conclude…
If you’re able to see the benefits of family mediation and how these would apply to your unique situation then we encourage you to make a positive choice and contact Resolutions Australia. Timely, cost effective, collaborative, and supportive. Resolutions Australia can help you begin your ‘new normal’ right now!
A Few FAQS to Finish:
At Resolutions we’re always being asked insightful and interesting questions by you, our potential clients.
Just a few recent ones that pop up regularly are here below…
How to get started with family mediation?
Call, email, or complete the contact form and a family mediator from Resolutions Australia will be in touch with you shortly. They’ll talk you through the process and provide all the information and answers you could need!
Is family mediation legally binding in Australia?
The agreements you reach are morally binding, not legally binding. To make them legally binding they can be handed to your lawyer who will submit them to the Family Court where they’re made into legal orders. Significantly cheaper, easier, and faster than try to litigate via the court!
What issues can be resolved through family mediation?
You name it and Resolutions Australia has probably helped parties resolve it. Usually its parenting and financial and/or property matters that are mediated. These can take a number of twists and turns including overseas travel, living with one parent offshore, extended family contact, religious activities and expectations, school choices, payment of university fees, selling the classic car collection, ownership of family photos, selling the family business, how the family farm will continue to operate, which toys and kids books can be shared…
We can mediate anything.
What happens if family mediation doesn’t work?
Occasionally family mediation may not be successful. Often, after a week or two of reflection, mediation can be retried. If however an agreement can’t be reached then Resolutions Australia will usually recommend meeting with your family lawyer to explore legal pathways, potentially court.
Do I need a lawyer for family mediation?
No. Most of the mediations we manage involve the two disputing parties and a family mediator. If both parties agree then you’re very welcome to have your family lawyer attend with you however they’re only there to offer you support and advice. The mediation is between the two parties, not the two lawyers!
At Resolutions Australia we always advise clients to engage with a family lawyer if they are intending to divorce.
