I have lost count of how many times I’ve heard those words over the years. Friends and relatives embroiled in disputes over children and the family home often followed this well meaning advice by sympathisers as the only solution to a marriage gone wrong. Huge legal bills and Court costs have sent many into unmanageable debt and eventually nervous breakdowns because there seemed to be no other way for families to resolve their separation issues. Unfortunately this mentality is still very much entrenched in our country despite recent Federal Government changes to Family Law since June 30th 2007. New legislation in force now requires that disputing parties first attempt negotiation with a Family Dispute Resolution Provider (Mediator) before even thinking about coming through the front doors of the Family Courts.

Despite this legislation being announced as far back as 2004, the public are still very much in the dark and are not aware of these changes. Families are still making lawyers their first port of call when they end up in a dispute. Many kick themselves after entering into huge financial arrangements with legal firms only to find that the Courts are now requiring Mediation for all new cases. You cannot go to Court unless you have attended and made a serious attempt at Mediation with your ex partner. Who would want to go to court anyway?

There is now an option for legally working out Separation, Property and Child Access issues without even coming near a Courthouse. It’s a win-win situation because you can avoid a lot of the emotion surrounding Court battles and do it all close to home for a fraction of the cost. Ask anyone who has been through a legal battle over property or children and they will tell you that it can be a minefield fraught with dashed hopes and huge expense. The pathway through Family Court has no guarantees except that the outcome is uncertain, and like any overloaded system can lend itself to just processing heads, lacking empathy and feeling.

Not so with Mediation. New Government trained and Accredited Mediators are now moving out into the workforce and beginning to save disputing families a lot of heartache and needless pain. Mediators help you through your relevant Family Court applications and then once submitted, they become legally binding as if the parties attended Court themselves. It’s cheaper, quicker, less emotionally charged and most of all its legal. Mediators do not favour either party as can be the case with lawyers. It doesn’t matter if you contact the Mediator first or last, both will be heard and both will be guided into a fair solution for all concerned.

Most Australian communities now have resident Mediation Services where the aim is to protect families from the viciousness of Court seeking the best outcome for everyone. They are expertly trained in their field to help families avoid disputes getting out of control both financially and emotionally. Many Australians are already leaving the previous system behind and benefiting from the new legislation. So much for the old and expensive trauma of getting a “good lawyer” and fighting tooth and nail while it impacts your health and finances. Get a good Mediator that won’t hurt your wallet and see how easy and stress free it is.