By
definition, mediation is technically termed structured negotiation and it is
one good alternative, however informal, to settle issues. For once, it is one
option in clearing up issues before going to the expensive course of a court
case.
Basically,
the mediation Lawyer Brisbane is the third-party participant that can assist in helping
the disputing parties come to an agreed-on solution.
This is
one opportunity for both parties to give out their proposals and consider in
return the options of reaching a mutually-satisfying agreement. This is easier
said than done, of course, and there could be deadlocks on many issues that are
potentially painful for either side.
General tasks
As a rule,
the mediation Lawyer Brisbane cannot force the parties to accept a settlement. However,
in a divorce dispute, it is advantageous because some legal aspects are explained
fully to the parties. In a sense, he is the best person to do the job.
Also, our
mediation Lawyer Brisbane can allow the parties to come to agree what is best for their
situation, instead of what the law requires. Exceptions would be some legal
rights that the parties cannot give up.
Additionally,
the mediation lawyer will not make
the final decision. The job is only to mediate and oversee the process. He
cannot even overrule any party in the process.
Benefits
The
biggest benefit for both parties is the avoidance of a very expensive court
proceedings should it escalates into that. For one side, you may not be very
sure on the outcome of the court’s decision.
Added to
this fact is that the court process takes very long to settle. Mediation can
save money, time, and emotional stress it creates.
Taking
your family dispute into the courts can be a very expensive undertaking. In
addition, you cannot know for sure the outcome of such, and sometimes the
process takes very long to settle.
Through mediation,
the separated couple can have the chance to find some common grounds where they
can allow themselves to resolve their disputes. This is the most ideal action
especially when the dispute involves the children.
Mediation proper
The parties
are asked to describe the issues from their own perspectives. Using the issues
described by both parties, the mediator will create an agenda. The issues
listed in the agenda will then be discussed.
Both parties
are allowed to discuss their concerns while also suggesting options for the resolution.
If both parties can come to an agreement, that agreement is documented. There
is also the resolution on how to document these and who shall prepare it.
Issues
The most
common of issues are mostly on property settlements, the parenting plans for
the children, intergenerational conflicts, child support disputes, and many
other personal problems for the couple.
It is a
given that most issues may not be resolved in the family mediation in the most
satisfying ways for both parties. However, one good point for such a move is
that the parties will understand better where the other partner stands.
Experienced
lawyers in mediations can also tell straight either of the parties if their
case is tenable.
