If you are going through a separation with your former partner or de-facto spouse, you are probably feeling a strong mix of emotional distress and anxiety about your future as well as the future care of any children you may have had in the relationship.
While it may be necessary for your dispute with your ex to be mandated by a judge, there are several steps you can take to resolve the issue before it gets to the ugly stage of litigation. Court battles in family courts are notoriously lengthy, costly and stressful for everyone involved.
Luckily, there’s a better way in the form of divorce mediation. The following will take a look at what divorce mediation is and what its unique benefits are as a dispute resolution process.
What is divorce mediation?
Divorce mediation is the process by which two parties who are separating from a marriage they had together undertake a thorough negotiation that seeks to resolve any disputes between them. The most common types of disputes pertaining to the future care of children (child custody, parenting arrangements) and the division of marital assets (property settlement).
This process is a prerequisite for many couples seeking to have matters decided by a judge as the family court system prefers that matters are settled ‘out of court’. This is because there is a long backlog of cases waiting to be heard in the Australian family court system and nobody wants to burden it even more with cases that could be resolved via a dispute resolution process like professional divorce mediation.
What are the benefits of divorce mediation?
Let’s take a look at why this dispute resolution process is so popular and recommended by family court judges.
An even playing field
A lot of the time, speaking with your ex can seem like a power struggle where you both constantly fight for leverage over the other. Speaking to them in their home gives them power while speaking to them at yours give you power – speaking at a café or other public place might be too noisy to get anything done.
If you decide to use divorce mediation you will get the benefit of being on a completely even playing field as you enter a room that’s designed for two-way negotiation. The environment will be comfortable, calm and equipped with everything you will need to get the process settled as quickly as possible.
According to osullivanmediation.com, the other primary benefit of pursuing divorce mediation is that the process will be supervised by a professional family law mediator. They are equipped with special skills they can use to encourage compromise and find a mutually agreeable settlement between you and your ex-spouse.
They are also able to ensure that everything remains professional and that neither party ever gets an unfair upper hand or is able to intimidate the other. It is a controlled environment where you and your ex and professionally guided to find a path forward rather than bicker and dwell on the past.
Another major benefit of engaging in divorce mediation is that the deals reached via this process are often longer-lasting than those mandated by a judge. This is because each party felt like they got the best they could, rather than that one side ‘won’ in court.
Hopefully the above gives you some more insight on using divorce mediation.