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Most Common Mediation Myths

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Mediation can be difficult for someone to wrap their head around if they’re new to the concept or are trying this for the very first time. At Bayside Mediation in Melbourne, our approach to the process of FDR mediation is very different, we are solutions focused, and work with clients to amicable resolve their differences and help the reach agreements that comply with the Family Law Act of Australia.

Our first step is to listen before going through the legalities of a situation. We know that the decision to leave your relationship was not reached easily, and we’re here to help. Whether you’re separating, have thoughts of separation, or just not happy with aspects of your current coparenting relationship, you can reach out to Bayside Mediation for help.

We offer Family Law Mediation and Family Dispute Resolution services and have a team of passionate, skilled, and knowledgeable Family Dispute Resolution Practitioners. Whether it’s care arrangement for your children, a financial negotiation, or other considerations with your separation, we offer a complete range of services.

Many people might think of mediation as counselling. Many people might think that this is just a formality, a waste of time and money, all sorts of assumptions. They might not understand that mediation is a process through which two people can come to a negotiated agreement and settle disputes. Anyone considering mediation has a right to know what it entails before they choose their practitioner.  This article states the top three myths about mediation and explains where they go wrong.

1. Unless a ‘complete’ settlement has been secured, mediation is pointless

When a couple has a case that they think is too complex for mediation, they might not consider mediation as an option. They believe that their issues are something that cannot be resolved without spending a large amount of time, money, and effort with lawyers and the courts system.

But the fact is, even if FDR mediation cannot completely resolve your settlement or issues, it can help resolve some aspects of the ongoing dispute. There are many issues to be negotiated when a couple separates. A skilled FDR mediator can help clients sort through the issues to help them priorities and sort out what needs to be addressed and when.  People will be surprised to see how quickly matters that seemed too complicated, can be turned around. FDR mediators shifts a separating couples focus towards a solution and away from the problem.

2. Mediators seem to favour the same sex

In family law, there are many female practitioners, in both mediation and law. There is a wrong assumption that practitioners will be biased towards a person of the same gender. Some men may think that a female practitioner will relate more to the wife and tend to favour her, for example, and vice-versa. This is not just wrong, but unethical; FDR Mediators are required by law to be impartial and confidential in their dealings with clients.  No professional practitioner would allow themselves to be biased.

In fact, an FDR practitioner is a neutral third party, who is there to listen to your story and help and guild you to an amicable resolution of your differences. They don’t take sides; they would be useless to you if they did. That’s what lawyers do; taking sides with legal representation is the basis of our adversarial legal system.

Read More:- 5 Common Family Law Myths & Misconceptions

“Our family lawyers are enough; we do not need an FDR mediator

This is another misleading statement heard too often within the context to mediation. Families have their go-to lawyer, who may know the family and their circumstances. However, lawyers are required by law to advocate for their clients. One lawyer cannot act for two people. FDR mediators take the place of two lawyers, not representing either party. An FDR mediator specialises in family law disputes, it is their job of listen to each party without any past knowledge and provide information and options.

It is also important to know, that mediation is now compulsory under Australian Law.  For this reason, and many others, it is important to consider using FDR mediation first. Lawyers are always there if mediation fails, and you lose nothing by trying to be amicable, in fact you could gain so much.

If you’re looking for a family dispute resolution practice in Melbourne, Bayside Mediation is here for you. We understand that separation is stressful and can be nerve-wracking. Our aim is to deliver family dispute resolution in Melbourne in a safe, supported, and non-biased environment. Book your free 30-minute consultation, call to know more.

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Hear from Dianne Loveday and the Bayside Mediation Family Dispute Resolution team.