Frequently Asked Questions

Mediation is a process for resolving disputes and working out agreements for the future. It is particularly suited where ongoing relationships are necessary and a fast and cost effective solution is required. It involves a facilitated discussion and negotiation (led by a skilled independent and impartial mediator) with the aim of reaching an agreed way forward. Importantly a solution will not be imposed on the parties involved and the process is entirely voluntary.

Mediation is confidential and held on a without prejudice basis meaning that discussions and proposals made during the mediation session can not be used as evidence if there were any later legal proceedings.

When we are contacted by a party who would like to use our mediation services we make all of the arrangements for the mediation. Our first step is to contact the other party or parties as the case may be and invite them to attend the mediation. We usually send them a letter first and then follow up with a phone call. It is important that you respond to our letter as soon as possible. We are impartial and will only go ahead and make further arrangements for mediation after we have heard from you. If you have a lawyer you can also ask them to contact us if you wish. The main thing is respond to us to let us know whether you will be willing to attend mediation. We may have to issue the contacting party a Section 60I certificate if we don’t hear from you within a week or two.

• You will save time and money and it will be less stressful than other legal processes.
• You will be in control of your own circumstances and outcomes.
• Our mediators are impartial, they don’t make decisions or give advice.
• Our mediators will help you consider a range of options for resolving the issues
• Our mediators will help each party understand the other party’s case.
• Our mediators help parties realistically assess their own case.
• If necessary our mediators will make referrals to experts if you need advice in relation to more complex matters
• Our mediation service is flat fee service. You will be able to talk over your issues in depth without having to worry about incurring massive legal costs.

Parties come to their own solution rather than having one imposed on them by the court. This means they can agree on arrangements that suit their specific family needs whether it is in relation to parenting or financial matters. Research suggests that parties who attend mediation get their lives back on track much sooner than those who don’t attend mediation.

Although statistics vary, it is generally accepted that over 80% of mediations are successful. Even if settlement is not reached on the day many disputes settle soon after as a result of progress made during the mediation.

The costs of the mediation are fixed and depend on whether a 3 hour session or 5 hour session is required. For matters relating to children only 3 hours will generally be sufficient. When parties wish to resolve their children’s arrangements and their property and financial matters 5 hours is required. For a standard property and financial matter (that doesn’t involve any children) 3 hours should be sufficient, however for complex property matters 5 hours is recommended. Included in the costs is a written record of the agreement the parties have come to.

The contacting party (the person who requests the mediation) is responsible for the costs of the mediation. We are unable to make the responding party be liable for any costs. However the costs of the mediation can be shared between the parties if both parties agree to share the costs from the outset. If there is no agreement between the parties to share the costs the contacting party will be required to pay the costs.

At Sydney Family Mediators our role is to facilitate discussion, not provide legal advice.

It is not necessary to have obtained legal advice before attending mediation. However many people choose to do so, in order to gain some idea of what the legal outcomes might be if they ended up going to court. When seeking advice from a lawyer it is important to ask  them to provide you with a range of possible outcomes. Our case manager can refer you to organisations that provide some free initial legal advice if you need it.

Support persons (other than legal representatives) can only attend mediation with the consent of both parties.

If you would like an additional party to attend with you, please contact us and we will make enquiries with the other party to seek their consent.

If they do not consent to your nominated support person being present, then you will not able to bring that person to the mediation.

If there is consent for your nominated support person to attend mediation, that person will need to agree to and sign a confidentiality agreement. Our case manager will explain to the support person their role in the mediation process.

Yes you can. Each party can bring their lawyer to the mediation if they have one. You don’t need to have the consent of the other party to bring a lawyer. Even if only one party has a lawyer, their lawyer can still attend the mediation. Our case manager will answer any further questions you might have about this.

No, we are impartial and neutral and we are not here to take sides. Accordingly we will not discuss with either of you prior to the mediation what issue/s each party wishes to discuss.

This does not prevent you or your lawyer, if you have one, exchanging relevant information with the other party prior to the mediation session. Your willingness to provide relevant information to each other can signifcantly help your mediation process.

No you don’t. Generally mediations are more effective if the parties are in the same room together. However we are very aware that this is not always the case. There are many reasons why one or both parties may wish to be in separate rooms or not come into contact with each other. We respect each party’s’ choice to either be in the same room or in separate rooms. We will discuss what is best for your circumstances with you prior to the mediation.

Where there is a history of family violence or AVO’s it is highly likely that the mediation will be conducted with the parties in separate rooms (also known as “shutttle” mediation).

If you are concerned for your safety or there has been a history of family we request that you advise our Case Manager as soon as possible and definitely prior to attending mediation. The safety of all persons is paramount at all times. Some matters may not be suitable for mediation if there are safety issues. The mediator will constantly assess as to whether each matter continues to be suitable for family mediation. In addition to this the case manager and/or mediator may recommend other processes for example a shuttle or telephone shuttle mediation.

The most common agreements made in family law mediation are:

• Parenting Plans in relation to children’s matters
• Consent Orders which can be made in relation to children’s matters and/or property/financial matters
• Heads of Agreement which can be made in relation to children’s matters and/or property matters

Parenting Plans need to be in writing, signed and dated by each party. The aren’t legally binding but do have legal weight in that they can be used to show the court and/or government service providers such as the child support agency what arrangements the parents have made in relation to children.

Heads of Agreement are not legally binding unless the parties include a clause in the heads of agreement stating that they intend to be legally binding. It is assumed that the heads of agreement are conditional upon further discussions being made as to the precise details of the agreement.

Consent Orders reached at mediation will become legally binding once they have been approved by the Court.

At Sydney Family Mediators mediations in relation to children only are usually completed within 3 hours. Most parties require 5 hours if they wish to complete arrangements for children and property/financial matters in one session. Children’s matters are dealt with before discussions are property/financial matters are commenced. It is important that you are well prepared to attend mediation so you can make the best use of your time there. Our case manager will discuss your specific needs and whether you need a 3 or 5 hour session.

No. It is not appropriate for children of any age at any time to be in attendance at family mediation whether the mediation is face to face or on the telephone. It is important that you arrange child care for your child or children when your mediation is scheduled.

This is where a specifically trained person known as a child consultant or a family mediator who has been trained in child inclusive practice speaks with the children separately and then provides feedback to the parents. This usually happens after the mediator has had an initial joint session with the parents. The child consultant/mediator will then provide feedback to the parents in their next joint session.

If a parent or caregiver wishes to commence court proceedings in relation to arrangements for children they are required to attempt mediation with a registered family dispute resolution practitioner (FDRP) who is registered with the Commonwealth Attorney General’s Department. After they have attended mediation the FDRP can issue a Section 60I certificate. In some circumstances, such as where there is history of family violence a Section 60I certificate is not required. If you think this applies to your case please let us know as soon as possible.

An FDRP can issue a variety of certificates e.g.

• If the mediation does not go ahead because one party didn’t show up or didn’t agree to attend,
• If the FDRP thinks the matter is not suitable for mediation,
• If the FDRP thinks that one or both parties did not make a genuine attempt to resolve the differences between them
• If the FDRP thinks the parties made a genuine attempt but were still not able to come to an agreement

All mediators at Sydney Family Mediators are registered with the Commonwealth Attorney General’s Department and are able to issue Section 60I certificates if necessary.