Mediation has become the “go to” way to resolve family law disputes.


When a dispute arises that cannot be resolved I usually recommend that clients attend a mediation to resolve it before using the courts. It is far less costly and usually results in a more satisfactory resolution.


The only problem with mediation is that it is costly and there is no guarantee that a settlement will be attained. Because of this there is now a process available called Mediation/Arbitration or “Med/Arb.”


In this process the parties sign a contract that states that if the mediation fails the mediation transforms into an arbitration and the mediator provides a decision which is binding on the parties.


It is always preferable for spouses to reach their own settlement in a mediation but in difficult cases Med/Arb is the answer because at the end of the day there will at least be a resolution.



Deborah Todd Family Law Victoria

Deborah A. Todd