Dr Gina Capitani – Clinical Psychologist & Mediator (SAAM & NABFAM)
Choose Mediation
Choose Mediation. You have the option to approach settling these issues in your and your Family’s life without selecting a course of litigation with attorneys. Once your Mediated Divorce Settlement Agreement is finalised it is then filed for a Court date when your Agreement is made an Order of Court. During the process of Mediation, you have the freedom to decide to proceed with Litigation with attorneys and terminate Mediation.
And this is precisely the reason you should Choose Mediation, both parties have the freedom to shape and structure your Family’s Agreement in the unique way it suits your Family! A mediator facilitates couples or parents in discussion, negotiating decisions and agreement, and provides information regarding legal and parenting aspects. Both parties may obtain legal counsel or liaise with their attorney during Mediation, and/or review the final Divorce Settlement Agreement before signing.
Choose Mediation!
Atmosphere
It takes place in a collaborative atmosphere that promotes encouragement, support and respect.
Independent & No Pressure
At all times both parties make the decisions regarding your family as it suits your family, these are not prescribed or dictated to you by the mediator. Both of you or parents are in control of creating your Agreement.
Confidential
All discussions during and until finalisation of the Mediation Agreement are confidential and may not be discussed or used to pursue Litigation outside of the Mediation process.
Fosters Collaborative Approach
This continues after Mediation in the future easing family discussions and decisions.
Revising Mediation Agreement
Opportunity to revise Divorce Agreement, Child/ren’s Parenting Plan and/or Maintenance Agreement with changing Family needs.
Time and Cost-Efficient
Involves 4-6 sessions. Affordable and much less costly than Litigation.
SERVICES - The Best care is on your side.
MEDIATION - ANSWERS TO COMMON QUESTIONS
Why consider or choose Mediation as an alternative method by which you are able to obtain your divorce or separation, and parenting plan for your child/ren?
Mediation is a prerequisite in the Children’s Act of 2005, therefore also of the court that a couple proceed first with Mediation before commencing Litigation when a change in direction in their lives occur and a couple opts to divorce or separate. The focus is on the child/ren, to minimise and protect disruption of the children’s lives and their relationship with each parent, as parents traverse divorce or separation.
Allow me to introduce you to the immense benefit of Mediation to you as a parent/s, your children and sense of family. Mediation offers you the opportunity to tackle the process of divorce/separation in an atmosphere of support, whilst navigating restructuring your family life during a time when emotions seem all consuming and overwhelming.
Mediation sets a platform for moving forward in restructuring your family into 2 separate households, it at the same time also facilitates this transition period for both parents and child/ren promoting minimising upheaval and conflict. This in turn also sets the path forward for continuing your relationship with your child/ren in separate households, coordinating and coparenting. It is a time of turmoil and uncertainty for all in your family, an ending but not quite an ending, and a beginning but not quite a beginning. It is a next phase or chapter in one’s life to come to grips with.
Does this deliver the same result as appointing an attorney for your divorce or separation and arrangement concerning your children or parenting plan?
Yes, the end result is the same.
But, there are immense benefits to Mediation:
- A much shorter period in finalising your divorce or separation;
- Greatly reduced overall costs; Mediation costs are much lower than attorney costs.
- Both partners directly involved in shaping/moulding their settlement;
- Atmosphere of Mediation promotes collaboration and sharing of ideas in finding the best way forward for your children;
- And, an atmosphere of minimising conflict/heightened emotional reactions and promoting transition in moving forward to the next phase in your lives.
Is this a legal method? Does this involve a court order the same as when an attorney represents you in your divorce procedure?
Yes, it is a legal method. It involves court procedure the same as it does when an attorney institutes your divorce. Once your mediated Divorce Settlement Agreement and/or Parenting Plan is finalised it is then filed for a Court date when your Agreement is made an Order of Court.
Mediation though does not exclude obtaining legal advice or representation by an attorney during Mediation.
Where no children are involved, the benefits are the same and equally important.