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 control 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.

Unlike court or arbitration, no one imposes a solution on a party. If all of the parties do not agree to the result, 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 are unsuccessful, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.

Advantages of mediation

Mediation costs considerably less than litigation.

The mediation process can usually settle a dispute within a few sessions. Most mediation’s conclude or settle within thirty days from initiating the process.

Mediation statistically settles over 85% of initiated disputes.

The process of Mediation is flexible and informal. It is not necessary to have a lawyer represent you during the mediation process. However, some individuals feel more comfortable with legal representation.

Disputing parties are directly engaged in the negotiation of their settlement. Parties also enhance the likelihood of continuing their relationships by utilising mediation.

Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding, except so far as required by law or with the consent of the parties.


Exemption to attend mediation

Under Section 60(9) of the Family Law Act 1975 (Cth), you can seek an exemption from providing a certificate in the following circumstances:

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