Alternatives to Litigation

I have heard that a litigated divorce can take years, is very expensive and all our "dirty laundry" may be aired in Court. My kids are traumatised from all the fighting. I just want a solution that's fair to both sides and not have to leave it to a judge, who may not decide in my interests. What are the alternatives to fighting in out in Court?

  • Divorce Mediation is an alternative to Litigation that has been used extensively and successfully in Australia, Canada, USA, parts of Europe, China and Japan. It is a quicker, cheaper way to settle disputed issues such as custody, maintenance and property division, away from the adversarial process.
  • Mediation may be a useful way to better prioritise the children's interests. Although the best interest of the child may be a policy consideration of courts in divorce proceedings, representing their interests may be difficult when lawyers act in the interests of the parties, over the interests of the children. Mediation may help increase parties' awareness of the effects of divorce on children and ways to limit such effects.
  • For more information, please see "DIVORCE MEDIATION" by our Family Dispute Resolution Unit.
This article is for informational purposes only, and must not be relied upon as a substitute for obtaining legal advice from a qualified lawyer, provided specifically with reference to all the facts of a particular situation and the law of your jurisdiction.
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