Frequently Asked Questions - Family Law Mediation

Frequently Asked Questions

Everything you need to know about family law mediation and how it can benefit your family

● What are the benefits of mediation?
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Mediation offers numerous advantages over traditional litigation:

  • Time-saving in comparison with other ways of resolving disputes
  • Less costly than alternatives
  • Less stressful than going to court
  • A way of enabling the parties to keep in control of the situation
  • Flexible and adaptable to your specific needs
  • Non-adversarial approach
  • In the best interests of the children and parents
  • Focused on achieving a fair outcome for all
70%
Cost Savings
3-6
Sessions
90%
Success Rate
● Is mediation confidential?
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Yes, mediation is completely confidential and protected by professional ethics.

The mediator is bound by professional ethics to provide an impartial, confidential service. Mediators treat all discussions as strictly confidential.

Important: Neither party may use information discussed or disclosed in mediation during court proceedings unless this intent has been recorded in the Memorandum of Understanding, which has been converted into an Agreement of Settlement.

If confidentiality becomes an issue, mediators will discuss any necessary action to be taken with the couple.

● What does mediation entail?
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The mediation process is structured yet flexible:

  • The couple attends sessions together
  • Each session is an hour and a half
  • The mediation process can take from two to six sessions
  • The number of sessions varies from couple to couple and depends on the number of issues and their level of complexity
1.5
Hours per Session
2-6
Total Sessions
● Who should attend mediation?
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Mediation is suitable for various family situations:

  • Couples who have made the decision to divorce
  • Couples who are divorced but need to renegotiate issues
  • Couples who have lived together and/or have children together
  • Family members who are in conflict, for example a parent and a child in a traditional family or a step-family context

All parties involved should be ready and willing to participate fully in the process and be committed to attend all sessions.

● Why choose mediation over litigation?
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There are compelling reasons to choose mediation:

  • Cost-effective: Litigation is generally expensive because of the time and procedures involved, whereas mediation is quick and efficient without cumbersome procedural requirements
  • Confidential process: Will not attract the attention of media and third parties, who might derail the process
  • Less risk involved: Mediation allows for a win-win situation, rather than a win-lose scenario
  • You stay in control: As the parties themselves are in control of the outcome, the risk of an undesirable outcome imposed by a third party is non-existing
● How does mediation differ from a court process?
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While both processes aim to resolve disputes, they differ significantly:

Mediation

Two parties work towards an agreement with the help of a neutral third party, taking into account underlying needs and interests.

Litigation

Courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations.

Mediation focuses on needs and interests, while litigation focuses on rights and obligations.

● What is a mediator and what do they do?
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A mediator is a neutral person who facilitates communication and helps find solutions.

What is a mediator?

A mediator is a neutral person. They do not take sides and are not personally affected by the result. Unlike a judge, a mediator can't make decisions for you.

What does a mediator do?

The mediator is a person who has special training and helps parents talk together about their children, focus on common interests, and decide on possible answers to their problems.

  • Facilitate communication between parties
  • Help identify common interests
  • Guide the discussion toward practical solutions
  • Ensure a fair and balanced process
  • Maintain confidentiality throughout

Ready to Start Your Mediation Journey?

Our expert mediators are here to guide you through the process with compassion and expertise.

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