Frequently Asked Questions
What happens at a mediation? | Prior to the mediation the mediator will conduct what is called an intake session. The intake session is a one on one telephone call which is confidential between yourself and the practitioner to gain an understanding of your personal circumstances and the matters relevant to the mediation. The information which you disclose in that intake session is confidential and will not be shared with the other party. Each party will have an intake session with the mediator prior to the mediation being conducted. The mediation may be conducted in person or by way of video conferencing platform which may be accessed on your phone, laptop or home computer. The method in which the conference in conducted will ultimately be up to the parties and their availability and location to find a method which is most suitable. If the mediation is to be conducted in person then the mediator may have the parties in the same room or separately with no contact and again this is dependent upon the parties preferences. The mediator will then identify the issues from each of the parties and explore those issues at greater length with the parties either together or individually. This process enables the parties to generate options for further consideration. If an agreement is reached a document will be produced by the practitioner which sets out the terms of the agreement or if lawyers are in attendance they will usually prepare these agreements. If you have a lawyer you may also wish to consult with them after the mediation. |
What is the family dispute resolution practitioner/mediators role? | Mediators have completed the necessary qualifications as provided for in the National Mediation Accreditation Scheme to facilitatte mediations in various areas excluding parenting matters relating to children. Family dispute resolution practitioners however have attained specific qualifications to mediate matters relating to children. Our practitioners also have a background of experience as lawyers in the family law jurisdiction and as such are able to draw on this experience when assisting parties through the process. They therefore have very specific skills to assist you with negotiations with real world experience. This is where the difference really lies with the practitioners at Family Law Mediation Centre in that we are not a law firm and we do not benefit from your matter not settling. Our genuine intention is to use all of our skills and experience to assist you in reaching a resolution rather then engaging in protracted and costly unnecessary court proceedings. |
How long does a family dispute resolution conference/mediation take? | Every matter is different and as such we do not apply a one size fits all model. In our experience you can have a matter with only a few issues which can take time to work through or alternatively there can be matters with a lot of issues which are able to be dealt with reasonably quickly. In our experience you should plan to take a full day off work and allocate a full day for the mediation to be conducted so that you are not rushed. We like to set aside the whole day to give your matter the best opportunity of reaching a resolution and on the day you should ensure that you have no other commitments and if you have children arrange to have someone to care for them. |
Who can I bring to the mediation? | We welcome the attendance of your lawyer at the mediation who will be able to assist in providing you with advice throughout the course of the mediation. In relation to support persons they are also able to attend but only if there is agreement by all parties that the support person be allowed to attend. |