Mediation vs Court (which is best for me?)
Mediation or Court?
This is a common question.
In this article, we’ll explore common questions about mediation vs court.
This is concerning family law matters.
For example, divorce, separation, child custody, child support, property settlement, etc.
Is mediation better than going to court?
Mediation is usually better than going to Court because you get to make the decisions.
There is some “give and take” required with the other party. But there is no magistrate making the ultimate decisions.
You are in charge.
The mediator assists you to make arrangements. For example, in a family mediation matter, this could be about your children and property settlement.
Can I skip mediation and go straight to court?
Before you file an application to the Federal Circuit and Family Court of Australia, you must have attempted mediation first.
In the majority of cases, mediation prevents Court action, as agreements can be made between you and your former partner.
This avoids the need for Court.
If you are in the minority of separating couples that do not make agreements during mediation, the mediator can provide you with the necessary paperwork to file an application in Court.
Why do courts prefer mediation?
Courts prefer mediation as it is much faster.
At Kelly Mediation and Assessment Services, we aim to have a mediation within 4-6 weeks, depending on the availability of all people involved.
Courts also prefer mediation as parents make the decisions, rather than having the decision made by a judge.
This gives you more control over what happens in your situation.
Mediation is significantly cheaper.
We’ll prepare you for the mediation so it’s not as daunting as it would otherwise be.