Frequently Asked Questions

Mediation is a process in which trained, independent and impartial mediators will help you: 

a) Isolate and clarify the issues in dispute and express your views regarding these 

b) Develop and consider options to resolve the issues 

c) Attempt to agree to one or more of the options 

Where a matter involves children the ‘best interests of children’ is the paramount consideration in any decision that affects them. This includes ensuring that children are protected from physical or psychological harm; including abuse, neglect or family violence, and that where it is safe, children have a meaningful relationship with both parents and other significant family members. 

• It's affordable: Mediation costs considerably less than litigation.
• It's Empowering:Parties direct the negotiation and terms of their settlement. 
• It's Effective: Statistically, mediation settles over 80% of initiated disputes.
• It's Confidential:Information disclosed during mediation may not be used as evidence in any trial or judicial proceeding.
• It can preserve relationships. Litigation can impose a heavy toll on parties whereas mediation helps to preserve relationships by aiming for a mutually beneficial solution.
• It saves time.  With mediation a dispute can be resolved more quickly than through court.

The principal role of the mediator is to facilitate a communication between the parties in conflict with a view to helping them reach decisions together guided by the mediator. The mediator runs the meeting and is in charge of the process, but the parties manage the content. The mediator does not give advice and does not impose solutions or decisions or try and force an agreement between the parties. The mediator simply helps the parties communicate, explore workable options together and reach their own agreements in a safe and supportive environment. The mediator must always remain impartial.

The mediator is qualified in appropriate disciplines and has undertaken expert training in dispute resolution to satisfy the relevant requirements for accreditation that are set out in the Family Law Regulations if doing family dispute resolution (FDR) or the Mediator Standards Board. Click here to learn about the Mediator Standards Board and the National Mediator Accreditation System.

In the 2006 Family Law Act amendments, mandated mediation/family dispute resolution was introduced to parents who did not agree about their children’s parenting arrangements. Separated couples seeking an Application for a Parenting Order in the court must first attend mediation/family dispute resolution and make a genuine effort to resolve their disputes unless they are granted an exemption through the Courts. The 60i certificate relates to that attendance and the outcome of the attempted process.

In the 2006 Family Law Act amendments, mandated mediation was introduced to parents who did not agree about their children’s parenting arrangements. Separated couples seeking an Application for Parenting Order in the court must first attend mediation. The 60i certificate relates to that attendance and the Court requires this certificate about the outcome of the attempted family dispute resolution process.

Mediation costs vary considerably between the government funded family relationship centres and private mediators. Our fees are listed on our website to be as transparent as possible. Click here to view these fees.

 Mediation can be used to resolve any type of dispute between parties instead of having to go      through the judicial process. Examples of disputes where mediation can help are:

· Family and property disputes post separation

· Disputes between any family members

· Business and Commercial disputes

· Workplace disputes

· Neighbourhood and community disputes

· Sporting and other club disputes

No in family dispute resolution, parents who work out arrangements for children between themselves without going to court can set out the arrangements in what’s called a Parenting Plan written up by the mediator based on Parenting Agreements made in the mediation. It’s a voluntary agreement that covers the day-to-day responsibilities of each parent, the practical considerations of a child’s daily life, as well as how parents will agree and consult on important long-term issues about their children. Agreed changes can be made at any time. Parents with a Parenting Plan from their mediation can ask the court to make an Order in the terms of that plan. Once made, these Orders are legally binding – they have the same effect as any other parenting order made by a court. If parents end up in court the terms of the most recent parenting plan agreed between them will be considered by the court when making parenting orders in relation to the child, if it is in the best interests of the child to do so. The court will consider the extent to which both parents have complied with their obligations in relation to the child, which may include the terms of a parenting plan. If there is a court order made after 1 July 2006 setting out parenting arrangements, the parents can agree to change those arrangements by a parenting plan (unless the court order says otherwise).

One person, Party A, initiates the process and has a private and confidential intake session with the mediator. Party B is then invited to attend the same and then Party B decides whether to participate in the process or not. If they do and mediation is deemed appropriate, a joint session is booked with both parties. We can explain the process in a free 15 minute phone call prior to booking in a confidential intake session. Click here for all contact details.