Fair Practice

Why Mediation

6 Mar, 2021Blog, Mediation & Negotiation

Mediation is a process that is being recognised and embraced in many areas, but none more significantly than the difficult process of getting divorced.

In many ways, the mediation process is tailor-made for helping couples work through their challenges involved in separating their lives.

Rather than leaving your fate to a total stranger (judge) that has very little time to spend on your case, you can choose to be actively involved in deciding how to address almost every aspect of your divorce with an unbiased third person, the mediator.

Rather than preparing for and focusing on an adversarial legal battle that destroys relationships (with your former partner and potentially with your children) and one that drains both your bank account and your mental health, you can engage in a constructive process where you have the opportunity to present your needs directly to each other in the safety and neutrality of a mediation environment.

And rather than having the court tell you when you can see your children, you can arrange a contact schedule that is not only based on the realities of your life, but that can also allow for some flexibility based on the positive co-parenting relationship that is much more likely developed in a mediated divorce or separation where effective communication methods are encouraged.

The Benefits of Mediation


A mediated divorce typically costs much less than a litigated divorce (in many cases 75% less) – so you can save your hard-earned money for new housing needs, your children’s education fund or a much needed post-divorce time-out. Additionally, with mediation you pay as you go rather than paying a large retainer and having your process dragged out to utilise your funds. When costs are calculated you will realise that the total costs involved in mediation for both of you actually amounts to a fraction of only one persons cost if they had sought independent legal assistance, thereby cutting your bill of costs by half.


A mediated divorce often takes approximately less than 6 months to get to a point of where you are both in agreement as to your settlement agreement, and possibly a parenting plan for the well-being of your children, thereby allowing both of you to move on with your life much sooner.

Lower Stress Levels

 Divorce is hard enough without it becoming a battle, and mediation helps couples minimise stressful, adversarial struggles. In addition, people generally experience less stress when they are actually involved in the process and have the ability to make their own decisions.

Effective Parenting

If you have children, it is important to be able to behave civilly around each other and minimize the disturbance your children will experience. You may be ending your marriage, but you are both going to be parents for the rest of your life. Mediation allows you the opportunity to discuss how best to arrange your ongoing co-parenting relationship when you both engage in drafting an effective and reslistic parenting plan.  To allow your children the opportunity to have their views and wishes heard, a child interview will be arranged. 


In mediation you retain control over the outcome rather than handing it over to a total stranger (judge) to make life-altering decisions for yourselves. You can prioritise your individual needs, as well as that of the family as a whole, so that you ensure that they get addressed in detail and directly between yourselves.


Mediation allows you to keep your issues private rather than having them aired in court. Mediation is confidential and allows the parties to discuss sensitive issues in the privacy of the mediator’s office.

Article Categories

Recent Posts

More from the blog

Can Mediation Fail?

Can Mediation Fail?

From my many years as a student, practitioner and trainer of mediation, I look at the outcome of mediation, which could produce various configurations as a result of the utilisation of the mediation process, as a measure of whether the clients deemed the process appropriate.