Family Dispute Resolution (FDR) or mediation in family law matters are becoming increasingly conducted and important both in parenting cases and in property settlement. But why?
Compulsory mediation in parenting matters
FDR is compulsory in parenting matters. There are a few exceptions, such as a parent suffering from extreme domestic violence. However, in many parenting cases, the rule of compulsory mediation applies.
Meditation can be hugely beneficial to the parents going through separation or divorce, who need to adapt their family unit to this change of routine and lifestyle. It is not hard to understand why there can be such tension surrounding separation; you have just potentially lost the love of your life and now you fear that you may lose your children too, and to the person who has turned your life upside down. Now, you are being told you have to mediate when you never saw your life taking this turn?
There are, however, a vast amount of benefits to attending mediation both in parenting matters and in property settlement. The various reasons why there has been such a shift towards mediation include the following:
1. Mediation is cost effective
As we can all guess, litigation can be extremely costly. Mediation seeks to reduce the burden of the financial cost to families already going through a difficult time of their lives.
Here at Michelle Porcheron Lawyers, we understand that parents during separation need to find new accommodation for at least one partner, the cost of running the second household increases, plus the extra running-around expenses of toing and froing between the separate households. We realise that parents can have limited funds to then fight their case. This is one of the reasons why we recommend that parties attend mediation with a qualified, experienced FDR practitioner.
2. Mediation can get you a quicker result
There can also be enormous delays in the family courts, with property matters sometimes taking 2-3 years before a final judgement is made. If you and your partner both seek to know and have your legal rights adhered to, but without taking years to settle your matter, then mediation is the place for you.
3. Your voice is heard!
Your voice will always be heard and appreciated when you walk through the sliding doors of our office here at Mermaid Beach. However, we have seen many-a-case where at the family courts if you have a Directions Hearing it can be over quickly without you feeling as though your voice has been heard. This is because the courts have many cases to see in a day, and deal with the most significant issues of your matter, not every issue. Mediation can allow you to speak and raise every issue you have regarding your matter, as a whole day can be assigned to your case. This can allow for a more holistic approach to settling your matter, which, as abovementioned, can settle your matter earlier than the courts may be able to.
4. Your negotiations are private
In the mediation process, there will be negotiations between the parties throughout the day. These negotiations cannot be brought to the attention of the courts if your matter does not settle on the day of your mediation.
5. You don’t have to speak to your partner if you do not want to
If you are concerned that your partner may be coercing you or attempting to manipulate you, there is an option of a ‘shuttle mediation’.
Shuttle mediation is where you do not necessarily have to see your partner or spouse through the mediation process. This allows a party to have a clear headspace when making tough decisions and not feel as pressured to come to a decision.
But most importantly of all…
6. Mediation helps you to resolve your own issues
Of course, we will guide you through the mediation process, advise you of all options, advise you of the most realistic and beneficial outcomes of your case and fight hard for your interests.
The mediation process can also provide the parties with the sense that they solved their own issue, and not a judge telling them what to do. This can institute a better framework for future issues that could arise between the parties, and thus enabling a more cohesive and friendly approach to settling your later disputes.
We do recognise that there are some cases that are not appropriate for mediation, where a tough lawyer is needed to win your case. We can also provide you with a resilient lawyer, and who will fight your case to the very end.
Here at Michelle Porcheron Lawyers, we are strong advocates for mediation in the appropriate circumstances.
If you seek any further information surrounding the mediation process and whether it is right for you, come in and see our team with an Accredited Family Law Specialist today.
Michelle Porcheron Lawyers is a Gold Coast Law Firm which believes that clients’ success determines our own. So we ensure both by collaborating with our clients to achieve their goals.
We understand that your legal issue is important and that you not only want experienced advice, but also guidance through what is often a stressful and difficult time in your life.
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