Mediation is an interactive, structured process where an unbiased and impartial third party is involved. Mediators assist feuding parties in reaching a settlement and resolving quarrels. They guide the involved parties to reach their resolution. His duties usually involve preventing a conflict of interest that is most likely to appear before or after mediation.
Intervention is compelling in the accompanying ways:
- The arbiter assists the gatherings with recognizing the necessary issues to be settled.
- They help prioritize one problem at a time and focus on fixing it.
- They help discuss all the probable situations and their solutions.
- They help reach a conclusion and come to an agreement.
- They prepare a draft of the agreement and the final agreement for signing.
What Is Family Mediation?
After the breakdown of a relationship, discussions regarding the prospects of the children or division of property can be very emotional as it is a very vulnerable phase. But these discussions are equally essential and unavoidable. In this phase, people are encouraged to use the family mediation process. Family mediation is one of the core pillars of the mediation services provided worldwide.
In family mediation, the mediator works with the couple to help them negotiate and reach a settlement without involving the court. They allow you to stay in control and prevent scenarios where you are made to do things against your wishes.
They resolve family law disputes about marriage, separation, divorce, child support, parenting schedules, alimony, property division, elder care, the family’s budget, family business succession, distribution of inherited property, and other family-related issues.
They can also be helpful when you need to change the settlements made before, and new requirements or newer terms need to be included in the settlement in the course of time when the children have grown up.
Disputes post separation can involve only two people or all the family members or extended and when there are issues related to child protection and his well-being is concerned, the entire family might get involved. In that case, reaching a middle ground can become challenging and chaotic, with many people putting out many opinions and suggestions. A professional family mediator who is experienced and trained would consider all the ideas and suggestions before coming out with a concluding settlement statement.
Also, mediators do not have an emotional connection or bond with the involved parties, so whatever they come up with will always be neutral and impartial.
In cases when parties cannot resolve disputes through mediation, the matter would have to be taken to court for the judge to make the decision. This option is always available to the parties involved, but going to court requires a lot of time, effort, and money, and it is very stressful.
Family mediation services cost varies with each country and the firms providing services. But the private Sydney mediations usually lie between $2500 and $5000 based on the dispute and issues.
Apart from that, the costs depend on certain factors like
- The type of mediation you are receiving: Generally, there are two types of mediation: voluntary and court-ordered. Voluntary mediation is done privately without involving the court, and the parties themselves choose the mediator. While court-ordered mediation occurs in cases that have already been filed in court, there are issues on which the parties cannot agree. Depending on the country, a mediator is selected by the court, or the parties can choose a mediator for themselves.
- How complex your case is: The issues can be resolved in more straightforward cases, and a settlement can be made in a one or two-hour mediation session. But in complicated cases, the mediation process is time-consuming, especially when extended families are involved and issues regarding the child are concerned. In that case, a single long session is not enough to reach a conclusion. In that case, more or longer sessions are required. So, the more complicated the issue is, the higher the mediation charges.
- The competency and experience of the mediator: Higher skilled professionals charge more for their services. Similarly, mediators with more knowledge and higher skills charge more for the sessions. The experience and skill of a mediator are essential points because if they do not have enough experience to understand and assess the issues, bringing the parties to a middle ground is most likely to take longer than expected and might even end without any resolution.
Also, there can be scenarios where due to a lack of understanding of the mediators, all the points have not been taken into consideration while making the settlement and drawing an agreement. So the core issue remains persistent instead of getting solved. Also, the mediator should have proper legal knowledge because if a deal is made, one cannot enforce that legally, then it will take more time and money to fix.
Family Melbourne mediation is a good option and popular choice for most couples. But it is not practical or ideal for couples who don’t want to negotiate or cannot do it. Also, it is not a good option where criminal charges are involved, and there is no contact due to bail terms. Secondly, if either of the parties is afraid of the other or where the parties are too far in their outlooks and position because it makes it difficult to reach a neutral middle ground.