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Mediation - Children Need Both

Mediation Services

Mediation is a confidential and structured process where a neutral third party, called a mediator, helps parents or parties in a dispute to communicate and attempt to reach a mutually acceptable agreement. Mediation provides an opportunity to express feelings, share knowledge, and clarify interests in a safe environment.

Family Mediation Session

The mediator does not make decisions but facilitates constructive dialogue. If an agreement is reached, it can be reduced to a written contract that is enforceable in court.

Seven Steps of the Mediation Process

  • Step 1: Confirm willingness — Both parties must agree to participate.
  • Step 2: Find a qualified mediator — Choose an experienced mediator with a strong track record in family disputes.
  • Step 3: Prepare for the session — Gather documents, evidence, and details relevant to the dispute.
  • Step 4: Attend the session — The mediator guides discussion and negotiation.
  • Step 5: Negotiate an agreement — The mediator helps reach a solution acceptable to both parties.
  • Step 6: Reduce to writing — The agreement is documented and made legally enforceable.
  • Step 7: Follow through — Both parties implement the agreement to ensure success.

Benefits of Mediation

Mediation offers numerous advantages over traditional court proceedings:

  • Faster resolution of disputes, reducing the time to finalise divorce or separation arrangements.
  • Cost-effective — mediation is significantly cheaper than lengthy litigation.
  • Encourages communication and cooperation between parents.
  • Supports the best interests of children by fostering agreements focused on their wellbeing.
  • Empowers parties to negotiate mutually acceptable solutions rather than having decisions imposed by a court.

Key Considerations for Successful Mediation

  • Choose a qualified mediator experienced in family disputes.
  • Prepare all documents, evidence, and relevant information in advance.
  • Participate in sessions actively and honestly.
  • Work collaboratively to find solutions acceptable to all parties.
  • Ensure any agreement is formally documented and enforceable.

Mediation is a proven, effective method for resolving family disputes while minimising stress, conflict, and unnecessary legal costs. At Children Need Both, mediators guide families through this process with professionalism and compassion, and is mandatory in order to proceed with court process if an agreement has not been reached with both parties

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Frequently Asked Questions About Mediation

Is mediation legally binding?

Mediation agreements are not automatically legally binding. However, once an agreement is reached, it can be formalised and made enforceable if approved by a court.

Do both parents have to agree to mediation?

Yes. Mediation is a voluntary process and works best when both parents are willing to engage constructively and communicate openly.

Is mediation better than going to court?

In many cases, mediation is faster, less expensive, and far less stressful than court proceedings. It allows parents to retain control over decisions rather than having outcomes imposed by a judge.

How long does family mediation usually take?

The length of mediation varies depending on the complexity of the issues and the willingness of both parties to cooperate. Some cases can be resolved in a few sessions, while others may take longer.

Can mediation help with child arrangements?

Yes. Mediation is commonly used to help parents reach practical agreements about child arrangements, communication, and co-parenting, always focusing on the child’s best interests.

What happens if mediation is unsuccessful?

If mediation does not result in an agreement, parents may choose to explore other options such as court proceedings or seek additional professional advice.