How it works
What to expect.
Every matter is different. But the process follows a clear structure, and knowing what is ahead helps - both in preparing yourself and in getting the most out of the day.
The Process
Initiate Mediation - Book a Call or Book Mediation
There's two ways to initiate the mediation process:
If you're starting mediation as an individual that still needs to engage/invite the other person, click on 'Book a Call' button below and we can have a discussion about inviting the other person to mediate.
OR
If everyone agrees on the date and location of where you'd like to mediate, click 'Book Mediation' button below.
Intake
If the other person accepts the invitation to mediate, the Intake or Pre-mediation conference is booked.
This is an individual telephone call with each party - usually with your lawyer present, although it is optional to have your lawyer attend. It is a confidential call for 45-60 minutes, to help me understand your perspective and the issues in dispute. We will also discuss any questions or concerns you have, and whether there are any specific considerations regarding the individual family or personal dynamics. The intake generally occurs 7-14 days prior to the mediation. You book this online using the 'Book Mediation' button.
During this call I will also confirm the venue for the mediation and I will email you information about what to bring and how to prepare.
Preparation
Preparation documents are optional, however they greatly assist me in my role. I can provide these documents to you for you or your lawyer to complete. This document is often referred to as a 'Case Outline' and a 'proposed agreement'. These documents outline the assets, details of the children (ages), and what you would like to reach an agreement on. I will provide you with information about what you can prepare once the mediation has been booked.
The Mediation Day
We meet at the agreed venue or online and we work through the issues in dispute by discussing options to help you reach a resolution. I facilitate the conversation by having joint sessions, separate sessions (shuttle) or a combination of both. I will discuss with you both about the plan and there will be no surprises about being in the same room with the other person. I conduct medications in a calm, structured and deliberate way, so you can focus on making the decisions.
Outcome
If you reach an agreement, your lawyers draft it as a 'Heads of Agreement' so it can be signed and then finalised as a consent order, a financial agreement or a parenting plan. If you don't have a lawyer, I can help you draft your agreement, for you both to take to lawyers for advice and filing with the Court.
If you don't reach an agreement, I will issue a section 60I certificate the next day, so you can proceed to court if you need to. Either way, you leave knowing where you stand.
The Day Itself
What the day looks like.
Mediations usually take a full day.
We meet at a neutral venue
- a mediation room or online.
I usually start the mediation with everyone in the same room. I make some opening remarks and go through the mediation structure again, including confidentiality requirements. From there, we will break out into separate rooms.
You'll be in one room with your lawyer (if you have one). The other party will be in a separate room with theirs. I move between you, helping you work through the issues one by one.
Sometimes I bring people together. Sometimes I bring just lawyers together. Sometimes I don't do joint sessions. It depends on what is needed. But you will always be informed of the structure as we go.
There are breaks. There's time to think. No one is rushed into a decision they're not ready to make.
By the end of the day, most people reach agreement. If not, we've usually narrowed the issues significantly - which means less time and cost if you do end up in court.
Before the day:
Email through the relevant documents to me that I have requested. Or your lawyers may jointly submit relevant documents to me. Think about what matters most to you - not just what you want, but why it matters. Read about how to support children after separation on reputable websites (see Resources tab). Consider where you might be willing to move and compromise. Understand that mediation isn't about evidence and proving each other wrong - it's about compromise so you can each move forward.
On the day:
There will be opportunities 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.
Ready to talk?
If you're not sure whether mediation is right for your situation, I'm happy to talk it through. No obligation. Just a conversation.
