Divorce decoded: A guide to understanding the mediation process in Australia

If you are considering getting divorced, there are many factors to consider such as the division of assets, child custody and more. It will come as no surprise that dealing with these issues while facing the breakdown of a relationship can be an immensely overwhelming experience for many.

With this in mind, family mediation is a process that avoids the costly, stressful and often time consuming process of filing for divorce and fighting it out in the courts.

Today, we provide a guide to understanding the mediation process in Australia by answering some of the most popular questions about the dispute resolution process. Read on to find out more.

In Australia, mediation is a dispute resolution process that provides an alternative to litigation or arbitration. In most cases of divorce, mediation is always the first step towards resolving disputes and coming up with mutual agreements for the benefit of all parties involved. During mediation, an accredited mediator will assist the parties to identify, assess options and negotiate an agreement to resolve their dispute.

A mediator is an impartial third party who works together with couples to assist in reaching an agreement to resolve a dispute. It is important to note that a mediator is not involved in making any decisions about your case and cannot offer you legal advice.

Should you require legal advice, it is strongly recommended that you get in touch with a lawyer in Melbourne who specialises in family law to assist you with your case. Unlike a solicitor, a mediator's role is to solely facilitate communication, promote understanding and utilise creative problem solving techniques to assist parties in reaching their agreeable outcome.

In most cases, mediation is conducted on a face-to-face basis. It is essential that both parties attend the mediation session in person, even if you intend to have legal or other representation with you. In some instances, mediation may also be conducted over telephone or video conferencing, depending on the nature and circumstances of the situation.

The average mediation session can take up to 3 hours, but it is advised that you take your time and avoid rushing into any decisions. In some cases, a second session may be required in order to achieve suitable resolutions to the aspects related to divorce.

In the event where you do not feel comfortable being in the same room as your ex-partner, the option of shuttle mediation is always on the table.

Shuttle mediation occurs when both parties are in separate rooms. Your mediator will speak to both parties individually during the same session and then convey what is said to the other party in a bid to facilitate an agreement.

Shuttle mediation may be necessary in situations where:

- Domestic violence is involved;

- There is a risk of violence occurring during a joint session;

- There is such a high level of conflict that chances of productive communication is low; and/or

- There is a high level of emotions that make it difficult to concentrate or focus on the matter at hand.

Contrary to popular belief, Australian mediation is not a binding procedure. This means that either party is able to withdraw from the process at any given time. Similarly, the non-binding nature of meditation also means that decisions cannot be forced on either party.

For a decision to be binding, consent orders need to be made and approved by the courts. Before approving the agreement, the courts will consider whether the agreement is fair for all parties involved.

Head to this page for more information on applying for consent orders.

Mediation offers numerous benefits over going to court including:

- Cost: The cost of resolving disputes by mediation is often significantly less than the costs of preparing and running a trial. Furthermore, in the event of a trial, the unsuccessful party may be ordered to compensate for the legal costs of the successful party.

- Time: Court proceedings can take an incredibly long time. Mediation on the other hand, offers timely and efficient dispute resolution that can occur over one or two sessions if needed.

- Confidentiality: Unlike a court case, mediation is an entirely confidential proceeding. Third parties are not informed of the contents of the mediation and information shared in mediation cannot be used during any ensuing trial or judicial proceeding.

- Reduced stress: Mediation is a lot less stressful and emotionally taxing on parties compared to court proceedings. This can greatly help to ease tensions and promote healthy, level-headed communication between parties.

- Less uncertainty: Mediation eliminates the stressful uncertainty that is often associated with arbitration where parties have little choice but to accept the judgement made by the courts.

Planning and preparation play an integral role in successful mediation. We always encourage participants to:

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At the end of the day, the goal of mediation is to offer couples significantly more control over the way a dispute or difference is dealt with and overcome. We hope that this article has offered you valuable insight into understanding the mediation process in Australia.

Do note that the contents of today's article are not intended to be a substitute for legal advice and should not be relied upon as such. If you require legal advice, it is always recommended that you reach out to an experienced family lawyer for further assistance.