
Mediation is an excellent form of alternative dispute resolution offering the following benefits:
- Huge savings in costs when compared with litigation in the Family Court or the Federal Magistrates Court.
- The process is designed to facilitate the parties reaching their own agreement (rather than a judgment being imposed on them by the Court).
- The discussions must be kept confidential. This encourages both parties to speak freely about a dispute without having to worry about the possibility of any offers they make being repeated later on in Court.
- In Family Law disputes such discussions are protected by the provisions of sections 10H and 10J of the Family Law Act.
- Certainty of outcome when compared with a case decided by a Court.
- Any agreement negotiated more likely to be successful as the parties have had all of the input into its terms.
- Timeframes are much shorter when compared to litigation (days or weeks rather than months or years).
- Although agreements are not binding, mechanisms exist which allow any agreement to be converted into a consent order or binding deed or contract, depending on the area of law involved.
- Parties may attend with their solicitor (or a support person) if they feel uncomfortable about participating in mediation alone.
- Mediation enables a person to obtain independent legal advice at any time throughout the mediation process.
- Sessions can be interrupted for that purpose, or parties can attend a number of separate sessions, if that would promote their chances of reaching an agreement.
- In certain circumstances, meditation can be held outside of business hours.