Mediation is a dispute resolution process which involves an independent person known as a mediator, helping you and your ex-partner resolve some or all of your disputes.
There are many reasons why you may choose to participate in mediation. Perhaps you and your ex-partner have recently separated and you would like to discuss some practical issues, such as the time your children will spend with each parent or how the mortgage will be paid in the short term.
Alternatively, you and your former partner may have been separated for a while and you now feel ready to sit down with them and discuss parenting arrangements or how you will divide up your assets.
Mediation is voluntary. A person cannot be forced to attend mediation. However, if you or your former partner refuse to attend mediation, it may provide the person seeking to mediate with grounds to file an application with the Federal Circuit and Family Court of Australia. If your matter does proceed to Court, a mediation can be ordered to provide you and your former partner the opportunity to reach an agreement without further litigation.
There are several benefits to attending a mediation. Some of these include:
- It is cost effective and may help you to avoid the expense of Court. Depending on the complexity of your matter and what you are hoping to achieve, you may be able to engage a mediator through a free or heavily subsidised service. Often, the costs associated with mediation are less than the costs of ongoing litigation.
- Mediation is flexible and can be collaborative. Rather than the Court determining arrangements for your family or finances, this process facilitates you and your former partner making decisions together. It also allows you the opportunity to reach agreements and discuss issues which are not always ventilated in Court.
- The process is confidential. This means that you and your former partner can make offers to one another which cannot be relied upon if you proceed to Court.
- Mediation is efficient and can result in you and your former partner reaching an agreement over the course of a half or full day. This means that you can attempt to resolve issues which have arisen quickly. If for example you notice that your children are not coping well with the current arrangements, you can invite your former partner to mediation and discuss this issue in a collaborative manner so that your children’s needs are being put first.
- Depending on your desired outcome, mediation can result in you and your former partner documenting your agreement reached. For example, you may decide to document the agreement by way of Consent Orders or a Parenting Plan.
If you choose to participate in a mediation, you can expect that the mediator will conduct an intake assessment with you prior to the mediation date. The mediator may ask you to complete a questionnaire and then meet with you to introduce themselves, their role and talk about what has brought you to mediation. During the mediation, the mediator may create an agenda of items which are important to you and your former partner to discuss and then facilitate negotiations taking place.
Mediation is not always appropriate for everyone. In instances where there has been family and domestic violence, the mediator may determine that this process is not suitable. The mediator can also put different measures in place, for example if you would prefer not to be in the same room as your former partner, the mediator can arrange for you to be in separate rooms or separate locations.
If you would like to initiate a mediation, or you have been invited to a mediation by your former partner, we recommend that you obtain advice from a family law solicitor. A solicitor can assist you to prepare for your mediation and can attend to help you during negotiations or to document an agreement reached.
Written by
Olivia Brennan
Family Law Solicitor
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