Mediation is a process that can be used to help couples reach an agreement on issues related to their separation or divorce in Queensland. Here are some reasons why you might want to use a mediator in a separation, and how a mediator can assist with legal considerations

  1. Facilitate Communication: Mediators are trained to facilitate communication between the parties and can help to ensure that each party has the opportunity to express their needs and concerns. They can help to promote understanding and reach agreements that work for both parties.
  2. Reduce Conflict: Mediation is a non-adversarial process, which can help to reduce the level of conflict between the parties. This can be particularly beneficial when children are involved, as it can help to promote a more peaceful and amicable separation which is much healthier for children long term.
  3. Cost-Effective: Mediation can be a cost-effective alternative to going to court. Mediation sessions are almost always less expensive than going to court, and couples will usually be able to reach an agreement more quickly through mediation than a litigation process.
  4. Confidentiality: Mediation is a confidential process, which means that the details of the discussions are not shared with anyone outside of the mediation sessions. This can help to protect the privacy of the parties involved encourage concessions to made to achieve a negotiated outcome that is controlled by the parties to the dispute and not a judge.
  5. Legal Considerations: A legally trained mediator can help parties to understand the process of divorce, property settlements, and children’s arrangements. Even though Mediators are often also qualified lawyers, and have experience and knowledge of family law they are not able to act for or give independent advice to parties when they are acting in the capacity of the mediator.   Having a Mediator with legal experience is helpful because having an understanding of the legal process and the impact and costs the legal process on parties in dispute can provide an ability to guide and reality test the parties in a way that seeks to avoid this outcome. Parties should seek legal advice from a qualified lawyer if they have questions or concerns about their legal rights and obligations.
  6. Agreement in Writing: Once an agreement is reached in mediation, the mediator can help to prepare a written agreement that sets out the terms of the agreement that is usually able to be converted into a legally binding document following the mediation process.
  7. Empowerment: Mediation is a process that empowers the parties involved to make their own decisions about their separation. It can help to give the parties a sense of control over the outcome of their separation, which can lead to a more positive experience.