Advantages of mediation over litigation for separated couples: navigating divorce smoothly

Going through a separation is undeniably challenging. When there are decisions to make about children, finances, and assets, finding the best solution can feel overwhelming. Increasingly, people who are divorcing are discovering the advantages of mediation over litigation for separated couples, offering a harmonious, cost-effective, and personalised approach. Mediation in the divorce landscape Mediation involves a neutral third party, the mediator, who facilitates communication between both parties to reach a shared agreement. This process is about collaboration, with the mediator ensuring discussions remain on track, without imposing decisions. Whether decisions concern weekend visits with children or property division, mediation is […]

White people holding hands

Bringing a support person to mediation

If you’re participating in mediation you might want to bring a family member or friend to support you through the mediation. When can I bring a support person to my mediation? You can bring a support person to the mediation if everyone involved in the conference process agrees – including the other person involved in your matter and the mediator. Who is an appropriate support person at mediation This might be your current partner, a sibling or parent.  If your proposed support person has a difficult relationship with the other party attending mediation, think about whether it will be helpful […]

Disclosure in family law matters

Why is disclosure important in family law mediation?

Full and frank disclosure is crucial in family law matters, including mediation. Disclosure ensures all parties have access to accurate and complete information about each other’s finances. This information is crucial to make informed decisions about the division of assets, property, and financial support.  It’s also a legal requirement. If disclosure is not provided, what’s the risk? Consider the story of Mary and John…. Mary and John were a couple who had decided to separate. They had two children and had been married for 20 years. They both agreed that they wanted to avoid the stress and expense of going […]

receipe for successful communication in mediation

What’s the recipe for successful communication in family mediation?

What’s the recipe for successful communication in family mediation? Ingredients You can’t have successful communication in family mediation without these key ingredients: You might not have the resources to source all the ingredients, but the more you have, the better your outcome will be. Think of it like a fruit cake. If all you have is flour, eggs, butter, and sultanas, it probably won’t taste as good as if you had a larger range of fruit and spices. Successful Communication in family mediation (the ‘Method’) So what do we do with these ingredients to maximise the chance of successful communication […]

online and video mediation

Online and video mediation

You may be trying to reach an agreement in a family law matter, and wondering about the options available for resolving the issue. One option that has become increasingly popular in recent times is online and video mediation. Online and video mediation allows parties to participate in mediation remotely, using technology such as Zoom or Microsoft Teams. This can be a convenient and cost-effective way to resolve disputes, as it eliminates the need for in-person meetings and travel.  Many people have become more familiar with online video technology during the global pandemic when many parents were working from home, and […]

win win outcome mediation

How to get a win-win outcome in Mediation

People often talk about the goal of achieving a win-win outcome in mediation.  But is it really possible and if so, how? Win-win outcomes vs splitting the difference In some mediations, a win-win outcome is seen as splitting the difference.  For example, in a parenting mediation if one party wants the children to spend 7 nights with them every fortnight and the other wants it to be 5 nights, compromising on 6 nights is splitting the difference. In a property mediation, if one party wants $100,000 and the other is offering $200,000, settling on $150,000 is splitting the difference. Why […]