Mediation is a cooperative decision making process in which qualified and impartial mediators help couples resolve their differences.
The mediator does not represent either party and cannot provide legal advice ,but can provide information in relation to the legal process. If the parties have solicitors they also attend at the mediation. If you want to learn more about mediation, have a look at this very helpful video on Mediation, by the Queensland University of Technology.
For a mediation to be an effective settlement tool, time must first be taken to prepare your case. This may involve obtaining valuations of real property and other assets or obtaining reports in relation to care arrangements for children prior to convening the mediation. Once your case is prepared, a mediator will be agreed to, in consultation with you and your former partner. We recommend engaging a senior family lawyer or barrister to mediate most disputes in relation to property and children’s matters. You will need to share the costs of the mediator with your former partner.
The date will then be set for the mediation which is normally held at a neutral location. The mediation will generally commence with all parties and their lawyers together as the mediator sets down some ‘ground rules’ and informs you of the process for the day. Each matter is different and the mediation process can be tailored to your needs. Both group sessions and individual sessions will be held, enabling you time to discuss the issues and make every attempt to resolve the dispute. During the mediation process you will be able to discuss solutions that may be seen as a little ‘out of the box’ which can also increase the likelihood of an agreement being reached.
The mediation process enables parties to discuss all issues, no matter how big or small, to reach agreement on all matters. This should be compared to the Court process where often the smaller issues are overlooked. In our experience, most matters that are properly prepared and proceed to mediation settle without the need for clients to attend at court. Mediation can therefore be a very speedy and cost effective method of reaching a settlement in both property and children’s matters. Mediation may also minimise the risk of conflicts in the future. The process can save or re-establish important family and parenting relationships and may prevent the need for legal action.
What do our clients say?
“Child Inclusive Mediation was a very rewarding experience! The great thing for me was that instead of drawn out backward and forward negotiations this process was completed over two separate days, one with the Clinical Psychologist and one mediation day with all parties involved. It gave me reassurance that my children were talking to an expert in child psychology who had only the children’s interests at heart, a professional that had “seen and heard it all before”. The relief that I felt walking out at the end of the day was enormous. I have confidence that measures and actions agreed to will ensure my daughters’ wellbeing is the main priority and all parties will focus on and be held accountable for the children’s welfare moving forward.”