Will our agreement be legally enforceable?

If you want it to be.

Agreements made during mediation can be signed and dated by both parties, whilst this doesn’t make the agreements legally enforceable it does make the arrangement more formal.

If both parties consent the agreement can be filed with the Family Court, turning your private agreement into a legally enforceable court order.

How long will the process take?

It depends. After the initial separate meeting with each party we usually move into the joint mediation sessions. Depending on the complexity of your situation this can be concluded in as little as 1 or 2 sessions.

What will the process cost me?

Again it depends.

The cost of the process is variable. It comes down to the complexity of your particular situation and both parties willingness to engage fully in the process.

The best thing to do is to give me a call so we can discuss the issues involved and your unique situation. I can then give you a clearer idea of the costs involved.

What if my former partner won’t come?

Mediation is a voluntary process. Whilst I will try to engage your former partner to participate I cannot force them. Either of you are free to leave the mediation process at any time.

Who can come with me?

Mediation usually works best when you come alone.

You are free to bring a support person to your initial interview, if you feel this will make the process easier for you. Having a support person come to the joint sessions will require the consent of both the mediator and your former partner, and your support person will have to follow some basic guidelines provided by the mediator.

Interpreters are welcome in mediation.

What if I don’t want to be in the same room as my former partner?

Although mediation works best when parties can communicate directly and begin to formulate agreements in a respectful manner there are some circumstances where it may be beneficial to conduct the mediation separately.

In situations of family violence, excessive conflict or emotional angst the mediator may decide to conduct a shuttle mediation. In this process the parties are in separate rooms and the mediator moves between the two, sharing information and attempting to reach agreement.

As a mediator my standard practice is to stagger the arrival and departure times of all my couples, so that parties are only together in my presence. This avoids uncomfortable waits in the reception area, calmer departures and lessens the opportunity for conflict or violence.

It is important to inform the mediator if you have any concerns regarding contact with your former partner.

Do my children have to be involved?

No, children are not usually part of the process.

Only if both partners and the mediator feel it will be beneficial to the process will the children become involved.

Involving the children means engaging the services of an accredited Child Inclusive Practitioner, a professional specialised in child psychology and family separation. They will spend time with your child and report back to you and the mediator on how your child is coping with the current situation. They will not require your child to make any decisions, or give an opinion, on what arrangements should be made.

Is the mediation process a one-off deal?

Ideally you and your former partner, through the process, will learn how to effectively co-operate in parenting your children into the future.

Be aware though that children, and life, are dynamic and arrangements will have to be adapted to meet changing needs. Returning to mediation to sort out new arrangements is always an option, especially when your own private negotiations have become difficult and conflictual.

Some people access mediation services regularly in order to make any transitions smooth and peaceable.

Download my booklet ‘What is Family Dispute Resolution?’ here

Please contact me to arrange a free confidential phone consultation.