Mediation is emerging as an excellent form of alternative dispute resolution, offering the following benefits:

• Huge savings in costs when compared with litigation in the Family Court or the Federal Magistrates Court
• The process is designed to facilitate the parties reaching their own agreement (rather than a judgment being imposed on them by the Court)
• The discussions must be kept confidential. This encourages both parties to speak freely about a dispute without having to worry about the possibility of any offers they make being repeated later on in Court
• In Family Law disputes such discussions are protected by the provisions of sections 10H and 10J of the Family Law Act
• Certainty of outcome when compared with a case decided by a Court
• Any agreement negotiated more likely to be successful as the parties have had all of the input into its terms
• Timeframes are much shorter when compared to litigation (days or weeks rather than months or years)
• Although agreements are not binding, mechanisms exist which allow any agreement to be converted into a consent order or binding deed or contract, depending on the area of law involved
• Parties may attend with their solicitor (or a support person) if they feel uncomfortable about participating in mediation alone
• Mediation enables a person to obtain independent legal advice at any time throughout the mediation process.
• Sessions can be interrupted for that purpose, or parties can attend a number of separate sessions, if that would promote their chances of reaching an agreement.
• In certain circumstances, meditation can be held outside of business hours.