Do I need a lawyer? 

Parties can either represent themselves or engage a lawyer at their cost to advise and/or attend mediation with them. However, if one party has legal representation, both parties must be represented to guard against power imbalance between the parties. 

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Do I have to do mediation? 

While mediation is a voluntary process, there is a legal requirement to attempt mediation before applying for parenting orders unless specific exemptions apply. 

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Who pays and how much does it cost? 

Parties share the cost of attending mediation. A lower cost may be negotiated for a party in case of hardship. If mediation does not go ahead because it is assessed as unsuitable, parties pay a small fee to cover the intake session and administration costs. The fee also covers an information and referral session and the issue of a 60I certificate if applicable. 

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Where does the mediation take place? 

Our mediations are conducted primarily by video-conferencing platform Zoom. It is a user-friendly platform that can be adapted to meet a range of needs. Provided you have a reliable internet connection, it can be accessed on any device, in any location. There is also an option to attend mediation by telephone. Both can be conducted by shuttle (see above).  Where in person mediation is the only feasible option, it may be possible to arrange with the parties sharing the additional cost of room hire. 

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How long does mediation take?

A standard parenting mediation is three hours and may take up to four hours if they involve complex issues, particularly if the matter is in court. Property mediation takes place over two sessions of two hours but sometimes it is possible to reach agreement with one three hour session. We do not offer full-day mediations as it is unrealistic to expect anyone to remain focused and productive in mediation for long periods of time. 

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Can I do mediation outside of business hours? 

Because not everyone can attend mediation within business hours, we offer mediation on weekends and evenings at times convenient to all parties. You also have the option to have an intake session outside of business hours.  

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How long will I have to wait for the mediation? 

As a small independent provider, we can offer a streamlined process that isn't weighed down by administrative steps. The main factor influencing the timeframe will be the time it takes for the invited party to respond and for each party to provide their completed documents and finalise payment. 

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Is mediation confidential? 

Yes, all communication during mediation and in the process of organising it is confidential and will only be disclosed when required by law, usually for safety reasons. There are also laws preventing communication in mediation being raised in court proceedings. 

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What does the mediator do? 

The role of the mediator is to facilitate a discussion between the parties that is safe, supportive and constructive. They do not make a decision but may suggest options and "reality test"- this means encouraging you to think about how possible options might work. 

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What happens during mediation?

The mediation itself is informal but there are ground rules that support parties participating in a safe and positive way. The process differs between shuttle and non-shuttle, but each follow the same basic structure: 

• mediator welcomes parties and does introduction that explains essential "housekeeping" matters. 

• each party opens with a brief explanation of the issues they would like to discuss in mediation and what they would like to achieve from it. 

• The mediator guides a discussion between the parties to work through each issue. This is the main part of the mediation and includes clarifying needs, exploring options and negotiating on each issue. In non-shuttle mediations, the mediator might have a private session with each party to progress the discussion. 

• When the parties have reached broad agreement on the issues, the mediator confirms each item of agreement and makes any necessary amendments. This becomes the Heads of Agreement, a document that records the agreement but is not yet binding. 

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Are parenting and property matters dealt with at the same mediation? 

Parenting and property mediations are arranged separately as it is difficult to give each the attention they require within one mediation. If parenting and property are both mediated, it will take place over 3 mediations sessions: one three hour parenting mediation followed by two property mediations sessions. There is no rule about which is dealt with first.

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Do I have to see or hear the other party in mediation?

While it is normal to be anxious about mediation, it's the job of a mediator to make sure parties have the safety and comfort they need to be able to participate. In some cases, it is appropriate to conduct mediation by shuttle, where the mediator has separate discussions with each party. 

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Can I ask for accommodations for the mediation? 

The mediation process shouldn't a one size fits all because what each person needs to be able to participate in mediation is different. Rather than make assumptions about what works for you, we'll ask you. Examples of accommodations are extra breaks, more time to process information and meeting your communication preferences when the mediation is being organised. 

 

Can I bring a support person?

Having a person attend mediation with you for emotional and practical support is another example of an accommodation.  In most cases this will be accommodated subject to the support person following guidelines about their role in mediation. A support person does not advocate for you or speak on your behalf. 

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Are children involved in mediation?

Children don't attend our mediations but parties are encouraged to see issues through their children's perspective as part of focusing on what is in their best interests. If you are participating in mediation from home, you need to ensure that children remain in a separate area and for young children to be supervised. 

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Do I need to prepare for mediation? 

You will get more out of mediation if you have a good idea of what you want to talk about. The intake session will give you some guidance about how to do this. Many people find that preparing a list of issues they want to talk about in mediation helps keep them focused. Property mediations involve additional preparation because you need to gather financial information to be provided before the mediation. 

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What if the other party doesn't agree to attend mediation? 

If the other party does not respond to an invitation to attend mediation or a follow up letter, or if they refuse to attend, the party requesting mediation receives a 60I certificate to show that they have attempted mediation. If you are the requesting party, you have the option of a referral and information session at no additional cost. You may wish to obtain legal advice to guide your next steps. 

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What happens if there is an agreement? 

When the parties reach agreement in mediation, the mediator records it in a document known as a Heads of Agreement which is sent to the parties following mediation. This document is not legally binding on the parties but it can form the basis of a parenting plan or consent orders. Most people engage a lawyer to help with this process. 

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What happens if there is no agreement? 

If the parties are unable to reach agreement during mediation, the status quo continues until the parties are able to resolve the issues themselves or a decision is made by the court. This can be difficult for parties seeking significant changes and usually it is necessary to engage a lawyer to progress the matter. 

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What happens to my personal information? 

We follow stringent measures regarding the handling and storage of your personal information that you provided to us. We will never disclose your information to a third party unless required by law. 

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