The Costly Court Conundrum: Why to Avoid Litigation
Expensive legal disputes can be a mentally, emotionally and financially taxing ordeal.
The usual path of engaging solicitors with the view of going to court when a couple decides to separate can result in drawn-out negotiations, escalating disagreements, and seemingly endless costs. Importantly, this choice has the potential to negatively affect everyone’s emotional health and wellbeing, particularly children.
The Emotional and Financial Costs of Court
Emotional Cost
Family law legal disputes can be emotionally draining, often taking years to resolve and heightening hostilities between parties. As a result, already fractured relationships can suffer even longer-term repercussions.
Financial Stress
Even the shortest solicitor-negotiated settlements will cost thousands of dollars. In addition, during litigation and subsequent court hearings, legal bills can add up quickly, burdening both parties with fees that could have been better invested in their futures. Ultimately, in Australia, it is commonly accepted that a family law matter that goes to a final hearing can take years and cost in excess of $100,000.
Family Law Mediation: A Path to Resolution
Fortunately, a different strategy (one that places more emphasis on negotiation and compromise rather than demands and conflict) is provided by Family Dispute Resolution (family law mediation).
FDR Mediation offers a safe and managed space for couples to negotiate parenting arrangements and financial settlements with support and compassion.
Proven Process
FDR Mediation is a goodwill-based conversation focused on the future, not the past. However, that does not mean only amicable couples should try mediation. With the right FDR mediator, couples can be supported through even the most difficult separations.
Therefore, FDR enables both parties to express concerns and expectations in a safe environment with the view of reaching agreements that both can live with.
Emotional Wellbeing
By contrast, avoiding the antagonism present in solicitor-led negotiations and court proceedings, FDR mediation helps protect everyone’s emotional health, especially children.
The Role of Accredited FDR Mediators
Successful mediations are determined by appropriately qualified and experienced FDR practitioners. With the right training, they can help couples navigate difficult conversations and reach agreement.
Facilitators Who Maintain Objectivity
FDR Mediators are required to remain impartial and confidential in their dealings with clients, ensuring fairness throughout the process.
Facilitating Agreements
Accredited FDR mediators assist in finding common ground and facilitating communication. They provide guidance to ensure agreements are in the best interests of children and are legally compliant.
Taking the First Step Towards Resolution
The first step towards resolution is to research and find a qualified Family Dispute Resolution Practitioner. Speaking with an accredited FDR mediator helps ensure you find the right skills and expertise to negotiate equitable solutions to parenting and financial issues.
Family Dispute Resolution is Compulsory
For most separating couples in Australia, FDR mediation is a compulsory requirement. Whether you begin at the start of your separation journey or years into it, mediation will likely be necessary.
Choose a Qualified Mediator
Anyone can call themselves a mediator, but only Family Dispute Resolution Practitioners are registered with the Attorney General’s Department. They are trained professionals providing a reliable and legal alternative to costly court battles.
Remember: Mediation Puts Families First
The road to divorce doesn’t have to be paved with arguments and expensive litigation. FDR Mediation offers a clear alternative, helping you put your children’s wellbeing first and protect your peace of mind.
Ready to avoid court costs and stress?
Contact Bayside Mediation today to book your free family dispute resolution consultation.
