How it works
What to expect.
While every matter is different, mediation follows a clear structure to help you get the most out of your day. Knowing the process before your mediation can help you prepare.
The Process
This is a single session, either for a half day or full day, where we work through the issues to achieve an agreement.
This is the most common mediation format, and most matters resolve on the day.
Best suited to:
Start the process
There are two ways to initiate the mediation process.
Complete this online form [Invite to Mediation Form] and I can invite the other person on your behalf. The fee to invite the other party is $480 (incl GST).
Alternatively, book a call and I can discuss the invitation process with you.
If you've both already agreed on a date and place, book the mediation directly.
Intake
If the other person accepts the invitation to mediate, a mediation date is booked and the telephone Intake is scheduled.
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.
You or your lawyer will complete a mediation position paper or a case summary outline. If you are mediating about property matters, you will need to provide a joint balance sheet listing the assets and liabilities.
The mediation
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.
Throughout the day, joint sessions, separate sessions (shuttle) or a combination of both may occur. The format of the mediation will be discussed with you during the intake call. There will be no surprises about being in the same room with the other person. Medications are conducted in a calm, structured and deliberate way, so you can focus on making the decisions.
Outcome
If you reach an agreement, you can sign the agreement on the day or a 'Heads of Agreement' is drafted so it can be signed and then finalised as a consent order, a financial agreement or a parenting plan in the days after the mediation.
If you don't have a lawyer, I can assist you to draft an agreement, for you both to obtain further advice from lawyers.
For parenting matters I can issue a section 60I certificate, if you need to commence a Court application. Even when an agreement isn't reached at mediation, you and the other party can continue to negotiate. Often mediation is the catalyst to bring about a resolution.
The process runs like a standard mediation with two additions: the children's interviews beforehand, and the consultant in the room on the day.
Best suited to:
Agree to CIM
Both of you need to agree to a child inclusive mediation before it can be booked.
Once you have, email me with preferred dates and I'll confirm availability with the child consultant I work with.
Intake
If the other person accepts the invitation to mediate, the telephone Intake is booked.
This is an individual confidential telephone call with Gerardine. Your lawyer is welcome to attend, but it is not compulsory. It is a confidential call for 45-60 minutes, to discuss your perspective and the issues in dispute. You will also discuss any questions or concerns, and 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 we will also discuss the format (in-person or online) and ways you can prepare for the mediation.
The children's interviews
These are arranged directly with the Child Consultant — a former Court Child Expert.
The child consultant will meet with the children at a date and time agreed. Parents are not formally interviewed, however, the child consultant will call you to introduce themselves and explain the process in detail.
Interviews usually occur in the week or two before mediation.
The mediation
The child consultant and I meet before the day so we are aligned on the issues concerning the parenting dispute.
The mediation begins with the child consultant sharing the children’s view and perspectives. From there it runs like any other mediation, with the benefit of children’s insight.
Child Inclusive Mediation is held in person, wherever possible. The conversations centre around the children's views and it is important that you each feel supported. If you require the CIM to be conducted online, please contact Gerardine directly to discuss.
The Collaborative Mediation model is designed for matters involving Collaborative Lawyers or other legal practitioners who are looking for a tailored mediation approach, to assist a resolution and avoid Court.
Sometimes matters need a strategy session first before fees are spent on lengthy and ongoing correspondence. A collaborative approach allows all parties to focus on individual matters across three sessions rather than putting the pressure onto one day.
Best suited to:
Your lawyers get in touch
There's no invitation process.
Collaborative matters reach me through your lawyers. They email me, and from there, I coordinate everything - intake and mediation dates, the venue, the process. The intake and Session 1 dates are booked in the first instance. Sessions 2 and 3 are booked at the completion of each session.
Intake
This is an individual telephone call with each party and their lawyer.
This is an individual confidential telephone call with Gerardine and your lawyer in attendance. The Intake is 45-60 minutes in duration to discuss your perspective and the issues in dispute. You will also discuss any questions or concerns, and the individual family or personal dynamics. In this session Gerardine will discuss the format and goals for the following sessions. Bring your diary or online calendar so that forthcoming sessions dates can be confirmed during the intake.
The intake will occur around 14 days prior to Session 1. When the time comes to book your Intake, you do this online by using the 'Book Mediation' button. During this call I will also confirm the process and the next steps of the Collaborative Mediation model.
Session 1 - Strategy & Exploration Session
This is an online or in-person strategy session with each party and their lawyers.
This session is referred to as a strategy and exploration session. It is designed for 'round table' discussions, goal setting and formulating a to-do list for each of the parties and their lawyers. It avoids lengthy back and forth correspondence and helps everyone 'cut to the chase'. In this session an agenda will be set, so that time is utilised efficiently. We will explore the issues, discuss next steps and establish a time-line.
At the conclusion of this session, the forthcoming sessions will be confirmed. Where necessary, dates can be adjusted to facilitate the completion of relevant tasks. E.g valuations, family reports, therapy, accounting matters.
This session is booked for two (2) hours.
This session is pre-booked and arranged through the admin team.
Session 2 - Preliminary Mediation Session
This is a quasi-mediation session designed to refine the issues
The Preliminary Mediation Session is part-option generation, part-mediation. It is where options for resolution start to surface. During this session next steps are further refined and information is shared. It is also the session where we establish the barriers which are impacting your capacity to reach a resolution. We will discuss strategies to overcome these barriers, so that the path to a resolution is clearer. By the end of this session you will be in a position to negotiate and have the information you need to make an informed decision at the next session. This session will also identify where each of you will need to compromise.
This session is booked for three (3) hours.
Session 3 - Final Mediation Session
A final session to negotiate and finalise your agreement
This session is where it all comes together. You and the other party will be well-prepared and informed to reach an agreement on this day. Similar to the standard mediation model, parties will negotiate their position and finalise their matter by way of an agreement.
This session is designed to go for up to four (4) hours.
The Day Itself
What the day looks like.
We meet at a neutral venue, or online.
Most mediations run a full day.
The mediation commences with an explanation about how the day will be structured and confidentiality requirements. From there, you will move into separate rooms — you with your lawyer, the other party with theirs — and I move between you.
Some days I bring everyone into the room together. Sometimes there are discussions with just the lawyers. Some days there are no joint sessions. The mediation structure and format is designed to assist a resolution, and you'll always know what's coming.
There are breaks. There's time to think. Nobody is rushed into a decision they aren't ready to make.
Most people reach agreement by the end of the day.
Before the day:
Complete your intake and email relevant documents. Your lawyers may also jointly submit relevant documents. Think about what matters most to you - not just what you want, but why it matters.
If it is a parenting matter, reead 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.
