Before two people in Australia can get a formal divorce, they need to go through a process of mediation. This is supervised by an impartial third party with experience in this area, and the objective is to reach some middle ground without the need for full legal intervention. Yet this process by itself can be confusing, and if you're about to get involved in such discussions, what should you be aware of? How can you ensure that you achieve the best outcome?

Maintaining an Open Mind

Clearly, both sides of the equation will want to get this process over as quickly as possible so they can move on with their lives. They will naturally be looking out for themselves, first and foremost, but it's best to approach the process of mediation with an open mind.

The Middle Ground

Fundamentally, remember that there can be no winners in this situation, and it is not the job of a mediator to try and crown one. Rather, the objective should be to achieve compromise or middle ground so that agreements can be developed and everyone feels comfortable.

Looking Forward

It's easy to get caught up in the past whenever discussing the way forward. It is also not unusual for feelings to be high or tempers to be frayed, especially when both parties feel particularly entrenched. Nevertheless, it's best to stay focused on the future and make the following proceedings as easy as possible. There is no value in being vindictive as this may simply prolong matters, generate additional complications or even cost a lot more money.

Stages of Mediation

In this form of mediation, there will be several stages. Hopefully, you'll be able to reach a draft agreement with your ex-partner, and if so, you should talk through the content of this draft with a legal adviser. If need be, you can then go back and suggest or request some modifications, and your ex-partner may also have some suggestions on their side. Then, when you have a "final" agreement, discuss this once again with your lawyer. After all, the next step will be a legally binding agreement that you will both need to adhere to in order to proceed.

Making the Most of It

For some people, the process of mediation can be almost comforting after a period of uncertainty or back and forth bickering. Now, it's the opportunity to get things in perspective in front of a trained negotiator. Still, don't be afraid to get advice from a family lawyer before you come to your final agreement.

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