Mediation Process

• The mediator is approached by an individual to assist.

• The mediator telephones or writes to the other person involved and asks if he/she is willing to consider mediation.

• If yes, the mediator organises a private intake session (usually 1 hour) per person.  This session discusses whether mediation is appropriate and provides information for the mediation.  

• This intake session can take place at a neutral venue or video conferencing.  (If selecting video conferencing, all parties will need access to laptop/computer with appropriate access to video conference - please contact me for further requirements).

Mediation takes place after the initial intake meetings with each party and if the Family Dispute Resolution Practitioner (the mediator) deems the issues and circumstances presented to be suitable for mediation.

A typical mediation session starts where each party and the mediator present opening statements. From the parties’ statements, an agenda is created and then ordered for discussion.

Options are then put forward by the parties towards resolving each agenda item.

Negotiation takes place facilitated by the mediator towards reaching agreement with the child's/children's or elder person's best interests being of importance.

Agreements reached will be written up in a Parental Plan or Summary Document.  If wanted, the parties can redraft the agreement into a legally binding document after receiving advice from their lawyers.

Although you set the agenda for mediation.  

Common parental items are:

• Child Education – where the child will go to school
• School holidays
• Special occasions
• Health
• Day to day issues e.g. changeover, discipline
• Extra-curricular activities
• Religion
• Financial responsibilities for the child/ren 

Common elder person items are:

• The elder person driving
• Day-to-day plans with the elder person
• Arrangements around dementia 
• Issues between family siblings and the elder person

If there is no agreement reached at mediation, you can: 

• reschedule a further mediation

• request a s60I Certificate to enable you to commence proceedings in court for children’s matters. 

• contact a lawyer to get further legal advice