Your Questions, Answered

You can book a call with me to discuss your circumstances and whether you'd like me to invite the other party to attend mediation. I will call and email the other person, on your behalf, to discuss the benefits of mediation and invite them to mediation facilitated by me. I also include information about my fees and the mediation structure. If they agree, I will obtain some dates they are available and the two of you book the mediation as agreed or via your lawyers.

For parenting matters, you're required to attempt mediation before initiating proceedings in Court, unless it meets the criteria for an exemption. If the other party declines the invite to attend, I will contact you to discuss your options, including whether you would like me to issue a section 60I certificate.

Mediation is the umbrella term which incorporates types of disputes. Family dispute resolution conferences are mediations which fall within the family law framework. A Family Dispute Resolution Practitioner is a Mediator who is accredited to issue section 60I certificates.

You can participate in mediation, even if you do not have a lawyer. However, it is encouraged you speak to a lawyer and obtain legal advice prior to the mediation.  

Yes you can. I have conducted hundreds of mediations where there was a domestic violence order, or there were allegations of domestic and family violence. I can navigate those circumstances with discretion and will discuss your concerns during the intake call. I have completed over 50 hours of domestic and family violence training and am a Trauma-informed Practitioner.

If there is a domestic violence order, you will need to email a copy of that order to assess whether there are any specific conditions which prohibit mediation.

No, you do not always have to do mediation in the same room. If there are safety concerns about being in the same room as the other person, then the mediation will be conducted as a shuttle mediation where you are in separate rooms, and I go between the two rooms. During the intake call, I will discuss and identify the best options for your circumstances.

Mediations are a confidential process and therefore support persons/third parties can only attend under specific circumstances. This can be discussed during the Intake call, however for the most part, you can only bring a support person if the other person agrees and that support person remains outside during discussions. If it is an Online mediation, I will ask you to confirm there is no one in the room with you.

This does not prohibit a party requiring, and having, a certified third-party interpreter (as arranged by the Parties) for the purpose of their attendance at the mediation. Interpreters are not considered to be support persons.

To learn more about confidentiality in Family Dispute Resolution conferences, click on this link: https://www.ag.gov.au/families-and-marriage/family-dispute-resolution/what-stays-confidential-family-dispute-resolution

Absolutely! I have considerable experience in mediating with all sorts of families and people. No one family is the same and I invariably conduct mediations, and adjust my approach, in a manner where people feel respected and safe. I have completed "Rainbow" training, with a focus on family dynamics and sensitivity/language, as well as CALD training. I am an Evolve Accredited Ally which means I have gained education and awareness about the broad cultural considerations and needs of Aboriginal and Torres Strait Islander Peoples. I also have an acute awareness of neurodiversity and how that can impact conversations in mediation (and under stress). I have a experience in conducting mediations with people who are living with a disability and am aware of the importance of accessibility of service.

I acknowledge I am always learning, and so while I have experience and education in these circumstances, every person is unique and I would be happy to discuss your specific needs and situation during the Intake call.

In-person mediations are conducted at an agreed venue, as arranged by your lawyers or, I can book a venue on your behalf (additional fee applies).  I will travel up to 2 hours distance of Brisbane free of charge for in-person mediations. For in-person mediations which are over 2 hours travel, in regional areas such as Cairns, Warwick, Stanthorpe, the Sunshine Coast or, Lismore, Coffs Harbour and Armidale in NSW, your lawyer will make those arrangements directly with me. Online mediations are conducted using Google Meet.

The intake is an important part of your preparation. Lawyers will often email documents and summary papers ahead of the mediation. These documents provide an overview of the matters to be discussed. For example, a list of the types of assets and their value or details about what you would like to reach an agreement on or a summary of the children's experiences.

For parenting matters, it will greatly assist you to read about the needs of children in a post-separation context. Specifically focus on the delevopmental age and stage of your child; what works for a 5 year old will be different for a 12 year old, and so on. Any parenting arrangements must consider your child's capacity to live between two houses, especially if there is on-going and entrenched conflict. Reading about facilitating child-focused changeovers is also helpful.

Use only Australian websites which are endorsed by the Government, or private psychologists who have experience with children. Where possible, avoid relying on AI generated answers for your parenting and property matters. There is a wealth of detailed information and research about preparing for mediation in property and parenting matters.

Mediation is structured in a way which provides you with an opportunity to discuss the issues in dispute and work through options so that you have the best opportunity to reach a resolution.

The mediation will commence with Gerardine making some opening remarks. This is usually done with everyone in the room at the same time, although not always.

From there, you will each break out into separate rooms and Gerardine will have discussions with each of you and your lawyers. Sometimes lawyers come together in the same room, if required. Sometimes Gerardine will do joint sessions with parties and their lawyers. The mode in which the mediation is conducted is always discussed with the parties and no one will be forced to be in joint rooms.

As the day proceeds, issues will be narrowed and agreements will be reached. You or your lawyers will draft agreements as we go, so that an agreement can be signed at the end of the mediation. If you do not have a lawyer present at the Mediation, you are at liberty to get legal advice prior to signing, should you wish.  

There will be opportunities throughout the day for you to speak to your lawyer separately and to take breaks. Mediation is a formal process, but it is not a Court process, so it is important you feel comfortable.

If you have children or work commitments, think about making alternate pick-up/drop-off arrangements or having someone else monitor your work emails or calls for urgent matters. It is important you are able to focus on the decisions to be made on the day. And positivity helps - mediation works more often than people expect.

Google Meet is a safe and secure online video app. It is easy to use and works on any device. It is a good idea to have a 'background' on if you are participating in the mediation from your home and you would the background of your home hidden. To obtain information on how to use Google Meet go to: https://support.google.com/meet/answer/9302870?hl=en&co=GENIE.Platform%3DDesktop

If you do not reach an agreement at the mediation, you can request a section 60I certificate, if it is a parenting matter. You can also book a further mediation if you feel you need more time to reach an outcome. If you want to proceed to make an application with the Court, you will need to get legal advice.  

The agreement or 'Heads of Agreement' signed at the mediation is not legally binding. You will need to get legal advice if you would like your Heads of Agreement to become legally binding. If you have your lawyers present, they will often finalise agreements on the day.

No, your children do not attend the mediation. They attend an interview with the child consultant on either a Saturday or Sunday at the consultant's rooms. These interviews are done in a child-appropriate way and children will be supported by the child consultant. If you have any concerns about the interview, the child consultant will speak with your directly regarding the individual needs of your child.  

Generally children under 5 years are too young to be interviewed. There may be instances where they are part of a sibling ship and they will be encouraged to attend the interview with their older sibling. Sometimes children under 5 years can simply attend an interview and the child consultant can just have a chat with the child so as to provide some context for the parents.   

The child consultant GK Mediation uses is Felicity Jensen. You can learn more about Felicity on her website.

No, the Collaborative Mediation package can be utilised by any legal practitioners. It is designed to facilitate collaborative outcomes, so it is helpful if your lawyer is committed to resolving your matter via mediation. It is also helpful if both you and your ex-partner are willing to work towards a final resolution and are committed to avoiding Court as far as it is possible.

The Collaborative Mediation package is a premium standard for mediation. Across the three sessions there is a total of 9-10 hours of mediation. There is also a structured intake with you and your lawyers, preparation and scheduling. Gerardine will also conduct have 'check-in' calls with your lawyers ahead of each mediation session to ensure the matter is progressing and on track for a resolution.