Family Law

Why Family Law Mediation is Preferable to Litigation

couple facing against each other

Family law mediation practices are overseen by an independent third party who guides all parties through the process.

They don’t have a stake for either side in this setting, only to see that the matter is finalised with both sides agreeing to terms.

Family court disputes that occur through litigation is a process that could not be more of a contrast.

Each participant has to present their case before a judge until a ruling is handed down, allowing them to establish the terms for custody rights, alimony payments and division of assets and liabilities.

One route is more preferable than the other. This will be the focus of our conversation.

Opening a Dialogue

It is amazing what can occur when two people sit down to talk. No strings attached. No hidden agendas. Just a willingness to find a compromise without buckling to pressure or making rash decisions due to outside interests. This is where family law mediation practices are beneficial for participants, offering as semi-formal setting where each spouse can talk openly and honestly about what they want out of the process without the fear or threat that exists with litigation.

Using Representation Only When Necessary

When a spouse decides to take the litigation path, they are consistently dealing with their lawyer. These specialists offer a great amount of value and support, but for many citizens, they will only want to consult with these specialists when it is absolutely imperative. By opting for family law mediation practices, solicitors can be involved to have a seat at the table, but their involvement can be as limited as the client wants them to be. If they wish to take on board their counsel, they have that opportunity. If they prefer reaching terms with their former partner, that is on the table as well.

Saving Cash

That continued involvement for solicitors is not just frustration on the client’s behalf, but a financial concern as well. By working with family law mediation representatives, the matter will likely be expedited and the bottom line will be managed to a greater degree. The financial pressure involved in separation can be stressful enough to handle, so the capacity to reduce costs in these moments is key.

Improving Mental & Emotional Health

It is easy to underestimate the stress and pain caused by spouses fighting a settlement through litigation. As the animosity builds and all trust has broken down, there is a toll taken for their mental and emotional health. That can have a knock-on effect for all other elements of their life, ensuring that there is long-lasting damage even if the court ruling happens to be favourable. Engaging family law mediation will help to reduce that tension for individuals, allowing them to express themselves, take their time and seek out support.

Giving Control Back to the Couple

couple signing a certificate of divorce

Time and time again men and women walk away from a family court battle feeling embittered and angry about the process. When a settlement has to go to those levels, the control is taken out of their grasp as a judge hands down a verdict given the available information. Through family law mediation, participants take back control and take 100% ownership of the outcome. That does not mean that concessions are not made and individuals always get what they want, but they understand that they have sat down in good faith and agreed on a set of terms separate from legal provisions and strict stipulations.  

There will be some citizens who feel as though they do not have the luxury of engaging in family law mediation, especially if there has been experience of abuse or neglect which will remove the willingness to go down that path. However, if that is not the case and there is an opportunity to come to the table in good faith, this is a preferable option for participants.