HOW DOES MEDIATION WORK?


1.

YOU CONTACT ME


You have a no obligation telephone conversation with Stacey to determine whether mediation is the right process for your situation. If it is then we will make an appointment for an intake session.

2.

YOUR INTAKE SESSION


This is an appointment between you and Stacey, either on the phone or in person. The purpose of the Intake Session is to ensure that Stacey has an understanding of:

  • the history of your relationship with your ex-partner
  • the current arrangements for your children, property and finances
  • the concerns and issues that need to be resolved in mediation
  • the appropriateness of mediation in your circumstances (family violence, disability, literacy or cultural differences may mean that mediation may be unsuitable).

Stacey will discuss the process of mediation and answer any questions that you may have in regard to the mediation process.

The Intake Session is confidential and information discussed will not be disclosed to the other party.

3.

INVITE THE OTHER PERSON TO MEDIATE


After the Intake Session and if your ex partner has not yet agreed to attending mediation, Stacey will discuss the best way to invite the other person to the mediation process. Usually it is by phone and in writing. In accordance with the law we will make at least 2 attempts to invite your ex, one of which must be in writing.

If your ex-partner refuses to attend mediation, you can request a Section 60I Certificate from Stacey so that you can commence proceedings in the Family Court for children’s matters. No certificate is required for property matters.

4.

INTAKE SESSION WITH THE OTHER PERSON


Once your ex-partner has agreed to attend mediation, Stacey will arrange for an Intake Session to be conducted with them.

5.

ATTEND MEDIATION


Where: Stacey has rooms available on the Gold Coast and can make arrangements for rooms in other locations suitable to the parties.

When: Stacey makes arrangements for mediation at a mutually agreed time. This can be outside of work hours or on the weekend if more convenient.

How: The options for mediation include:

  1. Joint Session– the mediation is commenced in a joint session with both parties and Stacey, with the opportunity to break into separate rooms as required
  2. By Shuttle – where Stacey assists the parties involved to reach agreement without them being present in the same mediation room
  3. On the telephone
  4. By online video conference

How long: Generally a standard face to face mediation dealing with only children or property matters will run for 4 hours or 5 hours if in shuttle. If you wish to mediate both property and children’s matters then a whole day is necessary or two half days.

Process of Mediation in summary:

  • The mediation is commenced by Stacey making an opening statement that outlines the process for mediation that day, her role and what is expected of the parties.
  • Stacey then invites both parties to outline the matters that they wish to discuss and get agreement on. Those matters form the agenda for the mediation.
  • The parties then have an opportunity to thoroughly explore the matters on the agenda for the purpose of coming up with options as to how to resolve the matters. Stacey assists the parties to have constructive conversations about these matters.
  • The parties are encouraged to put forward a range of options for resolving the matters in dispute. Those options are negotiated with the aim of getting resolution on all of the matters.

6.

AGREEMENT IN MEDIATION


Where agreement is reached, Stacey will record the agreement and give each party a copy. This can be signed as a Parenting Plan or you can have your agreement drafted as Consent Orders and lodged with the Family Court of Australia.

Where agreement cannot be reached, Stacey will issue a Section 60I Certificate so that you can commence proceedings in the Family Court in relation to children’s matters.  

    CHILD INCLUSIVE MEDIATION


    In some cases Stacey may recommend a child-inclusive mediation. This involves referring children of the parties to a specialist child psychologist, who then provides feedback to the parents during the mediation about how the children are coping and may make recommendations for future parenting arrangements. We can discuss the possibility of child-inclusive mediation during the Intake Session.

    WHAT IS MEDIATION?


    Mediation is a way of helping families to reach agreements about what should happen after separation or divorce. It is an increasingly popular alternative to asking the court to make decisions about family issues. A mediator does not make a decision for the parties. The parties come to an agreement.

    WHAT IS MEDIATION?


    Mediation is a way of helping families to reach agreements about what should happen after separation or divorce. It is an increasingly popular alternative to asking the court to make decisions about family issues. A mediator does not make a decision for the parties. The parties come to an agreement.

    WHY MEDIATE?


    Mediation allows couples to make their own decisions in relation to their children, property and finances.

    WHAT ARE THE COSTS FOR MEDIATION?