What is mediation?
Mediation is a process by which a neutral third party, called a mediator, helps people in conflict negotiate a mutually acceptable agreement.
The parties to the mediation are in control of the outcome.
A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement. They help keep emotions from taking over and just their neutral presence helps maintain mutual respect when conflict over opposing interests is at the heart of the matter. They help maintain a focus on reaching a practical outcome.
Unlike court or arbitration, no one imposes a solution on a party in the process of mediation. Mediation is an attempt to find an acceptable compromise.
If all of the parties involved do not finally reach a mutually acceptable agreement as the result of mediation, the dispute remains unresolved.
Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome.
If negotiations have so far failed, mediation provides an alternative to pursuing litigation, or other more formal (and stressful) processes.
The scope for solutions through mediation is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation without the assistance of a professional mediator.
Divorce and separation are stressful times for everyone, especially when children are involved.
Both partners may experience a range of emotions which include a sense of loss, grief, pain, anger and failure.
Court rooms may prolong such difficult times. Family Law Mediation will reduce the duration of such a difficult period and the costs involved.
“Family dispute resolution” is the name in the Family Law Act for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other.
You may have reached a point where you can’t agree on issues concerning your property, children, or money. You may not be able to talk to each other at all.
Family dispute resolution can help you sort out these issues without going to court.
If you can resolve your differences through mediation, you’ll save yourself time, money and a whole lot of stress.
Good mediators are seen as friendly, empathetic, and respectful. They listen carefully, appreciate the emotions and needs that underlie each conversation, and come across as genuinely concerned with the well-being of everyone involved – the parties in conflict, and, most importantly, any children.
Therese Ryan has had a long involvement with the mediation process, and is a highly qualified and experienced mediator in matters of Family Law and conflict resolution in general. Therese believes that any legal dispute should first be visited in the mediation space, for a positive reasonable outcome to be achieved, that circumvents the highly stressful, often hugely expensive, intimidating and pompous proceedings of courts. Therese is happy to discuss the process of mediation with you, as it relates to your specific circumstances, and give you the confidence to have your voice heard.