Family Mediation FAQs

Navigating a family breakdown is complex – engaging a mediator shouldn’t be. I aim to make the process as simple as possible, ensuring you have clarity at every step of the journey. Let’s start by answering the most common questions. 

Do I have to do mediation?

Put simply, yes. Under the Family Law Act 1975, people seeking to make an application to the Federal Circuit and Family Court in Australia must attempt resolution before proceeding to court. 

When applying to the court particularly for children’s matters, it is a requirement that a Section 60I Certificate, which is exclusively issued by accredited family dispute resolution practitioners, is attached to your initiating court documents. This certificate proves to the court that you have made genuine efforts to engage in direct negotiations to resolve family matters and unfortunately, the court now needs to intervene.

What does your mediation process involve?

The first step is to book a free 15-minute chat so we can talk through your situation and assess if we’re a good fit.

If you decide to proceed, I conduct a 1.5-hour intake session with each party to understand everyone’s objectives and needs, and create a plan for safe and efficient mediation. If possible, I prefer to do these sessions in person.

Next, I conduct the mediation session itself, enabling each party to have their say but keeping you on track towards a resolution. 

After your mediation session, I provide a thorough report summarising what was agreed on, which can either be in good faith or become a legally binding document if required. If you are not successful in reaching a resolution, we can try again by arranging further mediation sessions or I can provide a Section 60I Certificate which states you’ve attempted mediation unsuccessfully and are now eligible to go to court. 

In 6-12 months, I check in with you to revisit your situation and assist if required.

Can you give me legal advice?

No, as a mediator I must remain impartial. This means I can’t take sides, make decisions or offer any legal advice. For legal advice, you will need to engage a lawyer separate to me. 

Can I do mediation with my lawyer?

Yes, I welcome the involvement of lawyers to support and advise individuals throughout the mediation process. While lawyers play a crucial role in offering personalised advice, it is important to note that they will not speak for you during a mediation session. Instead, their role is to provide you with support and guidance.

While lawyers can provide valuable insights and advice outside of mediation sessions, the primary aim during the mediation process is to foster open communication and collaboration directly between the parties involved. 

Do I have to be in the same room as my ex-partner for the mediation session?

No. One of the advantages of the mediation process is its flexibility, recognising that there is no one-size-fits-all approach. 

During the intake session, I will engage with you to understand the dynamics of your unique situation. This includes exploring any unique circumstances, safety concerns or specific considerations that may impact the way the mediation process is held. The goal is to allow for a more effective and targeted resolution process, and to ensure you feel safe, secure and comfortable. If need be, this can involve online mediation sessions, shuttle mediation in different rooms, and staggered arrival and departure times. 

Is mediation confidential?

All communication that occurs during mediation is strictly confidential, enabling parties to honestly express their needs and concerns. If you are unable to resolve your disputes during mediation and need to go to court, I cannot be subpoenaed to give evidence in court – nor can the parties use anything said during mediation as evidence. Exceptions to this rule do exist and will be discussed with you during your intake session.

How do you do mediation sessions online?

My commitment is to make the family dispute resolution process as accessible and convenient as possible. To achieve this, I offer online intake and mediation sessions by utilising platforms such as Zoom or Microsoft Teams. I ensure that the process remains confidential and secure by utilising layers of computer security to safeguard your privacy and prevent any potential issues related to hacking.

Have another question?

I’d love to answer it for you! Book a free 15-minute chat.