Family Law Mediation Services

Why use Joelene for your Mediation?

The breakdown of a relationship and family can lead to uncertainty and instability.

With over 20 years of experience in family law, Joelene alleviates fears through her compassionate nature and exceptional negotiation skills.

As a nationally accredited Mediator and Family Dispute Resolution Practitioner, Joelene uses a sensible and practical approach to assist parties in resolving their disputes without the need for court intervention.

What is mediation?

Mediation is a confidential process facilitated by a neutral third party to help individuals in conflict reach mutually acceptable outcomes. Throughout the process, the parties retain full control over key decisions regarding issues related to their children and property.

The purpose of mediation is:

Not to win, but to resolve the matter;
To have control over the outcome; and
To save cost, risk and/or stress

It helps parties reach an agreement that moves swiftly and respectfully from separation to a future of harmony.

You remain in control of your decisions.
You significantly lower the financial and emotional burden of legal processes.
If you have children, your ongoing co-parenting relationship is likely to improve.
You can move forward and build a new life for yourself.
You may enhance communication with your former partner, making it easier to resolve future disputes.

Mediation Process

The parties mutually agree on their choice of mediator.
A request for assistance is made to the mediator.
The mediator provides each party with information about the mediation process, a mediation and fee agreement.
The parties provide the mediation details regarding the dispute.
A time and location is scheduled for the mediation session.
Mediations can occur in person or online.

Will the Mediator Make a decision if we can’t agree?

No. A mediator is an independent person to assist parties to reach an agreement in their parenting and/or property dispute.

The mediator’s role is:

To facilitate negotiations;
To ensure a level playing field;
To encourage both parties to compromise to resolve the matter; and
To provide options to resolve the matter – the mediator cannot decide your matter.

What Happens During the Mediation Meeting?

If parties have lawyers, then the mediation will generally take place as follows:

Each party and their legal representatives will usually have a private meeting with the mediator at the start of the mediation; and
The lawyers and the mediator then usually meet to discuss legal issues and then rejoin the parties in separate rooms;
The mediator usually conducts the mediation in separate rooms (i.e. each party has their own room with their legal representative). You will not be obligated to be in the same room as the other party during the course of the mediation.

Where parties do not have lawyers, then a similar approach may be followed, but sometimes the mediator will bring the parties into the same room, if it is appropriate and safe to do so.

The mediator listens to and clarifies parties’ concerns, translating them into specific issues for discussion. The mediator works to identify areas of agreement and disagreement, providing a framework for productive conversation.

Each party is encouraged to explain their position on each issue, and together, the participants explore possible solutions. Ultimately, parties aim to reach an agreement that is satisfactory to both parties.

Can I Discuss the Mediation with Friends or Professional Advisers?

Advisers and supporters are allowed to attend the mediation, as long as this is agreed by all parties, including the mediator.

Anything discussed or decided during mediation cannot be used in court.

Can what I say in Mediation be used against me in Court?

Mediation is confidential process, what is discussed during mediation cannot be used if the matter goes to Court.

Are Agreements Made in Mediation Legally Binding?

Agreements reached in mediation are only legally binding if the parties choose to make them so. The mediator can help draft a Heads of Agreement document, outlining both the resolved matters and any unresolved issues. This document can later be formalised into a legally binding agreement, usually with the help of lawyers.

What If I Feel Uncomfortable During Mediation?

If you’re uncomfortable, you can ask to speak with the mediator privately. It’s common for the mediator to meet with each party separately on a confidential basis. You can also raise your concerns openly, and the mediator will address them. Alternatively, you can request a pause in the mediation session.

The mediator’s role includes balancing the negotiating power between parties, enhancing the negotiation process, and minimising any intimidation.

What Are the Costs Involved?

Mediators typically charge an agreed-upon hourly or daily rate, which covers preparation, the mediation session itself, and any additional expenses like room hire or travel. The duration of mediation varies. For simpler issues, it can take 3 to 5 hours, but it often takes around 7 to 9 hours of work, for most family law matters. Unless otherwise agreed, the mediator’s fees are usually split between the parties, as outlined in the Mediation and Fee Agreement signed before the session begins.

Please refer to the Mediation Fees page for more information.

What Happens After Mediation?

If an Agreement is reached at mediation, parties can then seek independent legal advice to decide whether they want to formalise the agreement. Agreements reached at mediation often include a dispute resolution clause, where the parties commit to returning to mediation if a breach of the agreement occurs before pursuing court action.

What Information Should I Provide for Mediation?

The information required depends on the specific issues at hand. The mediator will provide each party with a request for information needed to resolve the dispute. This information should be sent to the mediator before the mediation session.

How Can I Prepare for Mediation?

For tips on preparing for mediation, please download our guide, How To Prepare for Mediation

FREQUENTLY ASKED QUESTIONS

What is the difference between Mediation and Family Dispute Resolution?

Family Dispute Resolution is a specialised form of mediation that requires additional qualifications. It focuses on family-related disputes, including knowledge in areas like domestic violence, power dynamics in relationships, the impact of conflict on children, and the Family Law Act. A Family Dispute Resolution Practitioner must be accredited and meet specific legal obligations.

What are Section 60(i) Certificates?

Section 60(i) Certificates are part of the Family Law Act 1975, confirming to the court that parties have attempted to resolve their disputes through mediation before seeking a court ruling.
There are five types of certificates, and they are issued for disputes concerning children only and are valid for 12 months.

Are all cases suitable for Mediation?

No. Family Dispute Resolution Practitioners can determine and assess whether mediation is appropriate for a particular case.