- what is mediation, how does it fit into what I want and how does it fit into family law, divorce, parenting agreements and property division?
- if we reach agreements are they legally enforceable?
- what can I expect? how do I prepare? what next?
- what is a s.60I Certificate and why?
- do I need a lawyer for mediation?
- what is a support person?
- what is the difference between shuttle, on-line and in-person mediations?
- what is child inclusive mediation?
- what does confidentiality mean in mediation?
- how does mediation work with a protection order?
- who pays and why?
- what if we reach an agreement?
- what if we don’t reach agreement?
- how do we agree on a mediator?
Understanding family mediations
What and why?
A family mediation is a structured negotiation process:
- facilitated by a qualified, trained and experienced independent mediator and regulated by a legally endorsed process (FDRP and NMAS).
- enables parents to generate options and making their own decisions – enabling agreements that may not be able to be reached through court orders.
- offers an option to protect financial resources for your (and your childrens’) future – minimise legal fees (anywhere from $10,000 to hundreds of thousands of dollars).
- offers an option to minimise lengthy time delays and impact on ‘moving forward’ by reaching agreement outside of court mandated time processes and congestion.
Fees and costs
Family mediator professional fees can range from $2000.00 to more than $10,000, varied mostly by availability, duration of mediation (parenting and property), specific expertise and business overheads/costs. Unless exceptional and agreed circumstances, it is expected that each parent will contribute equally to all fees and costs.
Expensive?
- access to a highly qualified professional who has no financial or other interest except to assist facilitate the most practicable and workable agreement within a regulated time frame and process – and is experienced working with lawyers and Australian family law.
- fixed fees, promoting transparency and trust.
- compare with litigation and professional legal fee projections.
- what is the cost of years of ongoing conflict, uncertainty and increasing child involvement?
- an opportunity to de-escalate conflict – for parents and children.
Alternative?
- protracted legal processes with uncertain time management.
- protracted legal processes with escalating legal fees.
- uncertain and not agreed outcomes and orders.
- impact on children.
- impact on ‘moving forward’.
Additional costs to consider (if relevant):
- legal advice and document drafting, child consultants/ psychologists, financial advice, real estate costs and commissions, family reports, mediation venue hire, mediation coaching/support
Legal representation and advice
A mediator will not provide legal advice to either party prior to mediation or at mediation.
Mediators work with legal representatives, whilst ensuring confidentiality.
Lawyers may attend mediation, at party election and cost. If you do not have your lawyer in attendance at mediation, you may elect to call you lawyer during mediation.
Mediation should include agreement on legal drafting responsibility (lawyers) and costs for agreements reached at mediation.
Safety and domestic violence
Safety is the first and most important consideration for you and your loved ones. Safety will be checked and supported throughout mediations – for each party/parent, all children and extended support/family and friends.
A mediation will only proceed if the mediator assesses it can be conducted without risk to any person.
Conflict management
Preparing for mediation
Intake sessions
On- line or in person
Face to face or shuttle
Support person
Preparing for mediation
Parenting, property or financial
Parenting plan
Co-parenting – in same house
Co-parenting – different houses
Child inclusive
Financial agreement
Family law processes
Preparing for mediation
Mediation outcomes – what next?
Commercial and workplace
Please contact me with any other questions Contact