Family dispute resolution mediation is a process that allows parties to a family dispute to resolve their issues through voluntary and confidential negotiations facilitated by an impartial third party known as the family dispute resolution practitioner. This process is particularly useful in resolving family law disputes in Melbourne and Victoria, where parties can avoid the adversarial and costly process of going to court.
Voluntary
One of the main advantages of family dispute resolution mediation is that it is voluntary. This means that the parties to the dispute are not obliged to compromise or agree to the terms proposed by the other party. A settlement agreement may only be reached if both parties are amenable to its terms. If the parties fail to agree, they may avail of other options for resolution, such as going before a court of law.
Confidentiality
Another key characteristic of family dispute resolution mediation is confidentiality. The conversations between the parties during the mediation are confidential so as to allow the parties the freedom to share all their concerns without fear of retaliation from third parties. This means that any information disclosed during the mediation cannot be used in court proceedings, and all statements made by a party are inadmissible in evidence against them in court.
Privileged Communications
In addition to being confidential, all matters discussed during the mediation are privileged communications. This means that they cannot be used by the other party as evidence in court proceedings. This is an important aspect of the process as it ensures that the parties are free to explore all possible avenues for settlement without fear of their statements being used against them in the future.
Non-Adversarial
One of the main benefits of family dispute resolution mediation is that it is a non-adversarial process. Unlike in litigation, a mediation does not involve the presentation of evidence and exchange of arguments. The parties work together to reach an agreement that is acceptable for both of them. This means that the focus is on finding a solution that works for everyone, rather than trying to win at all costs.
Non-Coercive
Another important aspect of family dispute resolution mediation is that it is a non-coercive process. Unlike in court proceedings where the decision is made by the judge, in a mediation, it is the parties who will ultimately decide the outcome of the case. The family dispute resolution practitioner merely assists in the settlement of the case and will not make decisions for the parties. This ensures that the parties have control over the outcome of the process and can come to a mutually acceptable agreement.
Amicable Resolution of Family Disputes
Family dispute resolution mediation is an effective way of resolving family disputes, and it is increasingly being used in Melbourne and Victoria as an alternative to going to court. It is a voluntary and confidential process that is non-adversarial and non-coercive, and it allows parties to work together to find a solution that works for everyone.
If you are considering family dispute resolution mediation, it is important to choose an experienced and qualified family dispute resolution practitioner who can help guide you through the process. At Shane McClure, we have a team of experienced family law practitioners who can provide you with the support and guidance you need to resolve your family dispute through mediation.
In addition to family dispute resolution mediation, we offer a range of family law services to clients in Melbourne and Victoria. Our team of family law practitioners is highly experienced and can provide you with the support and guidance you need to navigate the complexities of family law.
In conclusion, family dispute resolution mediation is a powerful tool for resolving family disputes in a non-adversarial and non-coercive manner. It is an opportunity for parties to a dispute to come together and find a solution that works for them. If you are facing a family dispute in Melbourne or Victoria, consider family dispute resolution mediation as an alternative to going to court. Contact us today to learn more about how we can help you.