Mediating in Family Law

Mediating in Family Law

With the current wait times for a court hearing in the Family Law system being upwards of 2 months, there is even more emphasis on parties participating in alternative dispute resolution mechanisms such as mediation.

There are several benefits of utilizing mediation as a mechanism to settle your matter before or during the initiating of any court proceedings, these include the lower fees, having some control of the outcome, and a less stressful environment.

Court proceedings have extensive costs attached, especially if there is protracted litigation. Whilst at Madsen Law we strive to keep client’s fees as low as possible, there is just no getting around the fact that preparation and attendance at hearings is a costly exercise. Meditation, on the other hand, tends to have much less cost involved. Whilst there is the cost of mediation preparation and attendance the preparation is generally less as court documents do not need to be prepared and filed.

In a courtroom there is one person who has the overriding decision on all matters, this is the Judge. In making a decision a Judge weighs up all the evidence before them, but at the end of the day, a Judge is still a human and there is limited control over the Judge’s decision-making process. Mediation, however, provides you with the ability to determine what you are willing to accept as a settlement with guidance from your legal representatives and a mediator. Whilst the power isn’t entirely in your hands, at a mediation you are one of the decision-makers and have more control.

Finally, mediation lacks the formality of a courtroom which often helps reduce the anxiety which surrounds the negotiation process.

At Madsen Law, we always want to help clients feel as comfortable as possible throughout the negotiation process.

If you have a Family Law issue and would like advice or assistance please contact us on (07) 3209 7744.

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