Mediation: A Form of Non-Court Dispute Resolution

Mediation is a widely recognised form of non-court dispute resolution (NCDR) that offers an alternative to litigation for resolving family law disputes. In this process, a neutral third party, known as the mediator, facilitates discussions between the parties to help them reach a mutually acceptable agreement. This method is particularly beneficial for clients seeking to maintain control over the outcome of their dispute, as it encourages open communication and collaboration. 

Benefits of Mediation

Maintaining Control Over Outcomes

One of the primary advantages of mediation is that it allows parties to maintain control over the outcomes of their disputes. Unlike court proceedings, where a judge imposes a decision, mediation empowers the parties to craft solutions that best meet their needs and interests. This autonomy can lead to more satisfactory and sustainable agreements.

Preserving Relationships

Mediation is often less adversarial than court proceedings, which can help preserve relationships. This aspect is especially important in family law matters, where ongoing relationships, such as co-parenting, are common. By fostering a cooperative environment, mediation can reduce conflict and promote amicable resolutions.

Cost-Effectiveness and Efficiency

Mediation can be more cost-effective and quicker than traditional litigation. The process typically involves fewer formalities and can be scheduled at the convenience of the parties, leading to a more efficient resolution of disputes. This efficiency not only saves time but also reduces the financial burden associated with prolonged legal battles.

How Mediation Can Be Useful in a Client's Case

For clients involved in family law disputes, mediation offers a practical and effective means of resolving issues without the need for court intervention. By choosing mediation, clients can benefit from a process that is tailored to their specific circumstances, allowing for creative solutions that might not be available through litigation. Additionally, the collaborative nature of mediation can help parties communicate more effectively, leading to better understanding and cooperation in the future.

Is Mediation Legally Binding?

The document you receive at the conclusion of mediation, which outlines the terms agreed upon, is not legally binding. Importantly, Mediation is not a substitute for each party getting independent legal advice. All parties to mediation should have the benefit of as instructed lawyers to advise them as to their position in meditation. 

To formalise the agreement and make it legally enforceable, it is necessary to draft a consent order and a D81 financial information form, submitting these to the court in order to seek a sealed final order. Our experienced family law team are available to assist in drafting and submitting the consent order based on the terms of a mediation agreement. Equally, we are happy to advise alongside mediation and would encourage clients to book a free initial consultation with one of our team; at such a meeting we would be happy to recommend local mediators if you would like to consider that further. 

If you want to know more about non-court dispute resolution and if medation could be suitbale in your case, please get in contact today. 

Chris Sutton & Jamie Beland