Mediation & Going to Court

In most family law matters, using an alternative dispute resolution process such as mediation can be a faster, less expensive way to resolve a matter than going to Court. In fact, many family law matters are successfully resolved through negotiation or mediation which in most cases, must be explored by separated couples before commencing Court proceedings.

In some cases, however, Court proceedings are necessary to resolve complex matters or in circumstances where attempts at negotiation and mediation between the parties simply fail.

If you have separated from your spouse or de facto partner, we can help you explore options such as mediation to resolve your family law matter or represent you if Court proceedings become necessary.

What is Mediation?

Mediation is commonly used in family law matters. It is a confidential, flexible method of dispute resolution. It involves the parties meeting face-to-face with an impartial third party (the mediator) who assists them in reaching a solution. A mediator does not provide legal advice or determine the outcome of the matter. Rather, the mediator facilitates discussion and encourages the parties to reach an amicable resolution. Mediation is most effective when the parties are willing to negotiate and make genuine attempts to resolve their dispute. At mediation you can have your own legal representative.

Benefits of Mediation

While going to Court may be necessary in some cases, if your matter proceeds to trial it may take many months or years before a final hearing. Mediation can save you time and money, which in turn can reduce the stress of a separation or divorce. In addition, mediation has several other potential benefits such as:

• Flexibility – the location, date and time is agreed between the parties and the mediator, rather than set by a court, which usually achieves a quicker result.
• Mediation is less formal than court proceedings and can therefore be less intimidating. The parties are not confined by court formalities, enabling them to explore different ways to resolve their issues.
• Mediation provides an opportunity for a separated couple to preserve their relationship which is particularly beneficial if they need to co-parent.
• If mediation does not resolve a dispute entirely, it can still help by narrowing the issues between the parties, allowing a more focused approach to identify and resolve the actual problems.

There are four types of hearings that usually take place during family law proceedings, these include:

• Direction Hearings or Mentions
• Interim Hearings
• Call overs
• Final Hearings

There are strict timelines, and it is important to be aware of these and your obligations for filing documents and evidence with the Court.

If you need assistance, contact [email protected] or call 03 9741 3777 to arrange a consultation with an experienced divorce lawyer in Werribee.