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Mediation VS Litigation: Choosing the right path for your family law case
When facing family law disputes, choosing between mediation and litigation is a critical decision. Both approaches have their advantages and are suited to different situations. Understanding these can help parties make informed choices.
Mediation involves a neutral third party helping disputing parties reach an agreement. It is generally quicker and less costly than litigation. Mediation can reduce conflict and foster cooperative parenting arrangements.
Litigation, on the other hand, involves taking the dispute to court, where a judge makes the final decision. This process can be necessary in high-conflict situations or when parties cannot reach an agreement through mediation. However, it can be time- consuming, expensive, and emotionally draining.
Family lawyer Mark Thompson from Perth explains: ‘Mediation empowers parties to control the outcome, which can lead to more satisfactory and lasting agreements. Litigation should be a last resort when all other options have failed.’
The Family Law Act encourages mediation by requiring parties to attend family dispute resolution before applying for parenting orders, unless there are exceptional circumstances such as family violence or urgency.
One advantage of mediation is confidentiality. Mediation sessions are private, whereas court proceedings are public. This privacy can help protect sensitive family matters from public scrutiny.
In conclusion, both mediation and litigation have their place in family law. Mediation is typically preferable for its cost-effectiveness, speed, and ability to foster cooperative solutions. However, litigation remains necessary for resolving highly contentious disputes or when mediation is unsuccessful.
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