In mediation and guided separation, you and your partner are in charge. In court, the judge is in charge.
You and your partner are responsible for the content and the outcome of the mediation and guided separation. The Mediator/separation specialist does not offer solutions nor give advice. So, whether or not there is an agreement and what its features will be are up to you and your partner to determine.
This ‘empowerment’ of the people involved in disputes enables more sustainable outcomes – outcomes all parties can live with. The agreement you reach can be a binding agreement that can be registered before the courts. The mediation or guided separation is without prejudice and in confidence.
And it is a process that can be navigated swiftly or over a longer period depending on the needs of you and your partner and the circumstances of the dispute. As a rule, mediation and guided separations are often cheaper, faster and less damaging to relationships than litigation.
If the separation or divorce is a difficult one it can end up in a long and drawn-out court battle.
Read these news articles about what can happen:
- ‘Absurd’: NSW government ignored report on looming legal aid crisis
- The cost of a day in court is more emotionally, and financially draining than you might think
- The way we get divorced could be about to change
- Australia’s most expensive divorce wraps up after 14 years and $40 million in legal fees
- Divorce isn’t always as complicated as it seems. This is what’s really involved
- Going to the Family Court? Hire a psychologist
- The women paying the ultimate price for divorce