Family mediation is a voluntary process that helps families reach agreements without going to court. It can help with issues like child arrangements, finances, and property division.
Mediation can be less stressful, time-consuming, and expensive than going to court.
A neutral third party, called a mediator, helps the parties reach an agreement. The mediator normally arranges for meeting with each party individually to ascertain whether it is an appropriate case for mediation. There are occasions when mediation may be unsuitable such as when there has been domestic abuse in the relationship or there are allegations of harm to the children. The mediator will assess whether it is appropriate for mediation to continue.
If the mediator is content, the mediator will arrange a joint session. This may take place by Microsoft teams, Zoom or other electronic media. Since the pandemic, there has been an increase in electronic media being used for mediation and even Court hearings. Mediation can take place in the same room or in separate rooms (shuttle mediation). The purpose of the mediator is to assist parties in reaching an agreement and not to provide legal advice on the advantages and / or disadvantages of any agreement reached. Parties can obtain independent legal advice from their respective legal representatives.
If an agreement cannot be reached or the mediator considers that mediation is not appropriate, then the mediator will provide a form which will need to be sent with the Court application to Court to demonstrate that mediation has been attempted.
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