Family Dispute Mediation FAQs
Family Dispute Mediation FAQs
We understand that you may have some queries about how family dispute mediation works.
We’ve answered some of the most Frequently Asked Questions below.
Family Dispute mediation is effective at resolving disputes around divorce and separation, parenting plans, child support, property division and financial affairs among other such issues.
It can help to re-open communication, promote honest and open dialogue, and help participants to see each other’s points of view. The mediator is not there to review evidence, nor to make a legally binding decision on who is right or wrong. The vast majority of cases do not require the court to intervene.
We would recommend 1-2 hours individual sessions, and a half day's joint mediation session per topic (eg. property dispute resolution, child support - each may take a half day to mediate). The joint sessions typically run from 9:30-12:30pm or 1.30-4.30pm.
Family dispute mediation can indeed be delivered successfully online.
Yes, we ask parties to sign a Confidentiality Agreement to make sure that whatever is said goes no further.
In addition, all notes related to the case are disposed of upon completion.
Yes, people cannot be forced to take part in family dispute mediation. There needs to be a willingness to participate and a preparedness to reach some kind of resolution that both sides can live with. If parties were to be coerced or forced to take part on the day, this would hinder the result of the mediation, lessen people's commitment to the process, and ultimately make it less likely that they would arrive at a successful conclusion.
The vast majority of family dispute mediation cases will end with some sort of agreement. However, if this doesn’t happen, the mediator can refer the parties for legal or other advice. Even if an agreement isn’t reached on the day, mediation can still be helpful in re-opening lines of communication, which can lead to improved relationships.
The Federal Circuit and Family Court of Australia generally requires a parent to attempt to resolve parenting matters through FDR and to provide a Section 60I Certificate from an FDRP confirming this, before a parent can apply to the Court for parenting orders.
Yes a solicitor, family member or friend can attend the mediation. It is strongly advised that parties attend themselves to promote direct communication. Details of any other attendees must be provided in advance so the other party can be informed.
Each dispute is assessed case by case for complexity before a quote can be provided.
As a rough guide -
Mediation Intake – individual pre-mediation sessions, must be completed prior to mediation (typically 1 hour each)
$300 ex GST per hour
Mediation (Half Day) – up to 3 hours for each major dispute topic
$1000 ex GST per person
Mediation (Full Day) – more than 3 hours
$2000 ex GST per person