Benefits of Mediation / FDR
Benefits of Mediation for your family
If managed by a competent professional, what are some of the great benefits of Mediation when compared to litigation and court? Whilst the points below have been tailored towards Family Dispute Resolution (FDR), their principles also apply equally to General Mediation:
Substantial Cost Savings To You
For the average person, the costs associated with proceeding their case through the Family Law courts is truly staggering. Even when a case is considered to be completely ‘straightforward’ (whatever that actually means) both parties to the dispute can incur costs of more than $40,000 each. From there, it’s all steeply uphill, with other cases easily attracting costs of well over $100,000 to each person.
In financial matters, people can actually go broke whilst they ironically dispute over property pools of less value than the exorbitant costs they are expending. As the litigation costs spiral out of control in and around the court processes, the parties are still following an uncertain path in a high-risk environment.
By contrast, the entire cost of the full Family Dispute Resolution (FDR) process and the settling of all the pertinent matters through the help available at Premier Mediation Australia will only require a very tiny percentage of what is even required to start to make basic preparations for litigation.
Put simply, by utilising the services at Premier Mediation Australia you can save many, many, thousands of dollars in legal fees and court costs.
In this very low cost Family Dispute Resolution (FDR) alternative, YOU can control the costs, and self-determine your own results.
One of the major benefits of Mediation is the time saved compared to using the court system. A recent survey of the Family Court system noted that it can take at least 97 weeks to reach a full hearing, and in some cases matters can linger on for over three years.
However, in most FDR cases at Premier Mediation Australia, we’re talking about settling matters in a couple of weeks.
Unlike many other outlets, with the services at Premier Mediation Australia you will not be left languishing around for many months on lengthy and clogged waiting lists, constantly impacted by costly and frustrating delays. (And that’s only to experience your first, brief introduction session in an already over-stretched, under-resourced, system).
These types of time delays not only end up costing you more money, but they also leave you in a state of lengthy uncertainty and stress. They put your life in hold. This can be very damaging to you and your children. By following the mediation path at Premier Mediation Australia you and your children will be able to settle and positively move on with your lives much more quickly.
Mediation is fundamentally a private, discreet and confidential process. You can speak freely and frankly, say what you feel, and genuinely express your views, needs, concerns and opinions. This confidentiality also allows you to safely consider proposals and make trial agreements without risk.
The contents of the Mediation remains your business, not that of anyone else.
What you say will also not be admissible in an open court (if the matter later reaches there) so couples do not have to adopt guarded, strategic approaches against each other.
Much Less Stress and Uncertainty
Ask yourself: ‘What value do you place on certainty and staying in control of your own decision making?’
Unfortunately, the uncertainty of embarking on a litigation path in court is legendary. No matter how positive you think you are or how confident you are about where your stand, you never really know how a court will decide, or how a case will progress and play out.
Not only can a court’s decision leave you crushed, but in many cases both parties remain highly dissatisfied – and both monumentally out of pocket. You may end up living with this type of stress for years – it hangs over your head, stops you making any plans or decisions, and stops you moving on with your future. It can destroy you, and it can also destroy your children.
Control, Empowerment & Satisfaction
In Mediation, not only do you get to have your own say, you determine your own outcome, based on what you can comfortably live with. You are free to express your opinions and ideas. You can be more be more positive, constructive and aspirational.
This is in sharp contrast to the open courtroom, which is formal and intimidating – and where you run the enormous risk of receiving a devastating result, and even having costs awarded against you. There are usually long periods between very brief hearings, adjournments are common, and many cases drag out for years. The ‘jolt’ of these formalities and stresses associated with the court system will often make people regret that they didn’t think more about seeking a possible settlement.
Court hearings are also bound by complicated legal rules of evidence, meaning there can be strict limitations about the information that can be articulated, and the way it is presented. This can be very counter intuitive to the clients forking out huge sums of money to follow a litigation path. As a result, many crestfallen people trudge out of court hearings in a state of extreme frustration, not only having their finances and lives ruined, but also feeling that they have been prevented from having their say.
In court, a stranger will end up making the final life-changing decisions about your children and your future finances. And more likely than not, such decisions will not actually end the personal disputes, only inflict further damage to already fractured relationships.
The other major irony is that even those who finally consider themselves having a ‘win’ in court would probably still have been much better off with the result achieved through effective Mediation in the first place.
By following Mediation and FDR processes, the final decisions will be made by you. The admissible content and result will not be imposed on you by someone else. No-one knows your family better than you do, so it makes sense that you should contribute to and agree to the outcome. You will be able to move forward and start to make a new life for yourself.
In short, the Mediation process gives you flexibility and peace of mind, instead of making you lose your mind.
Much Healthier Future Relationships
People who find their own solutions are much more likely to respect and preserve them going forward. This helps to make Mediation a superior and more effective means of conflict resolution.
The by-product of not being pitted against each other in a bitter, antagonistic adversarial court process is that ex-partners can usually remain civil and on reasonable (even if limited) speaking terms. Communication lines stay open, allowing for a more harmonious, on-going co-parenting arrangement to be established.
This minimisation of conflict will not only help you – it will benefit your children enormously.
As we often say at Premier Mediation Australia: ‘Never, ever underestimate the toxic effects that bitter parental separations can have on your children’.
With the right professional assistance, Family Dispute Resolution (FDR) has been shown to be a highly successful process that produces results, allowing people to reach agreement without the need for court or expensive legal fees. Surveys have indicated that more than 90% of cases are resolved prior to a court date. Amongst the many benefits of mediation, this benefit is key for many families.
The courts support Mediation and Family Dispute Resolution (FDR) wherever possible to resolve family cases, and recognises the benefits of following this pathway and allowing people the opportunity to control and settle their own disputes.
This preference for Mediation is also reflected in the family law legislation, which requires separating parties to attempt to reach out-of-court agreements in regard to their children. Indeed, the entire spirit of the Family Law Act and its rules, regulations and administration is to endeavour to have parties mediate and negotiate family disputes in their early stages.
Even with matters before the court, judges often refer the parties back to Mediation to try to sort out any differences they may have.
Free Consultation/Diagnostic Session
We offer a free 30 minute telephone consultation for all potential clients, during which we can discuss the circumstances of your particular case and provide guidance about the best ways for you to move forward. Call us today on 0477 130 667.
Or you can contact us via our email:
You can also send through a contact form to Premier Mediation Australia. We will be in touch promptly to discuss your needs and requirements and assist you to achieve the best outcome for your family.
Monday – By appointment
Tuesday – By appointment
Wednesday – By appointment
Thursday – By appointment
Friday – By appointment
Saturday – By appointment
Sunday – By appointment
For face-to-face mediations, we have excellent access to numerous private facilities all across Melbourne and Victorian regional areas. Suitable meeting rooms can be arranged depending on client’s needs and convenience.
All of our on-line services are available both locally and Australia-wide.