It is important to be prepared for, and understand, the mediation process.  The Intake is an opportunity for us to help you to consider what things you may need to bring to the mediation with you. It’s also an opportunity to explain how mediation works so you are ready to make the best use of the time.

It is important that all parties attend mediation with a willingness to listen to the other party, even if you don’t expect to agree with them.

It is also important that all parties attend with a genuine willingness to attempt to resolve the dispute – this generally requires both negotiation and compromise. Be prepared to do this yourself, not just expect it of the other person.

If yours is a property mediation, it is helpful to have a list of the assets, liabilities and superannuation of both parties that have been shared with the other party. The less time spent debating values of things, the more time there is to discuss everything else.

Good preparedness, including mental preparedness, can ensure you are more likely to reach agreement.  

A ‘mediator’ is an independent and impartial person who assists parties in dispute to reach agreement about how to resolve the dispute.  There is a process for becoming a Nationally Accredited Mediator in Australia which includes study requirements and an assessment.

A Family Dispute Resolution Practitioner ‘FDRP’ is a person who has met the requirements set out in the Family Law Act (administered by the Attorney General’s department) to perform ‘Family Dispute Resolution’ – they are ordinarily a Nationally Accredited mediator who has undertaken additional training in family dispute resolution. 

A FDRP does not need to be a lawyer.  FDRP’s are trained to determine whether or not family dispute resolution is appropriate and to then conduct family dispute resolution.  A Section 60I certificate can only be issued by a registered FDRP.

All of our mediators are both Nationally Accredited Mediators and FDRP’s.

If your dispute is a parenting dispute and you are intending to make an Application to the Court, we can provide you with a ‘Section 60I Certificate’ so you can proceed to Court.

We make at least three attempts to make contact with the other party before issuing a Certificate.

We will reschedule a missed mediation once where genuine reasons exist for the non-attendance.

If yours is a parenting mediation and you are intending to make an Application to the Court, we will provide you with a ‘Section 60I Certificate’ so you can proceed to Court.

A mediator may, at any time, terminate the mediation if it appears a party or parties are not attending in good faith and making a genuine attempt to resolve the dispute.

Mediation is a faster and less expensive way of resolving disputes than using more formal processes like the Federal Circuit and Family Court of Australia (previously known as ‘the Family Court’), the Magistrates Court or QCAT (the Queensland Civil and Administrative Tribunal).

Mediation encourages communication and negotiation and provides an opportunity to reach an agreement of your design, rather than the Court deciding for you.

If you need to have your parenting dispute decided by the Court, the Family Law Act says that you must attempt dispute resolution first – and you must use a ‘FDRP’ mediator. The mediator can provide you with a ‘Section 60I’ Certificate to file with the Court when making your application.

If you need to have your property dispute decided by the Court, the Family Law Act says that you must attempt dispute resolution first. You or your lawyer then files a ‘Genuine Attempts’ Certificate with the Court.

A signed agreement about parenting matters will ordinarily be a ‘Parenting Plan’, but is not a ‘Parenting Order’ and is therefore not legally binding. To convert a Parenting Plan into a Parenting Order, both parties will need to complete and file with the Federal Circuit and Family Court of Australia (or have their lawyers prepare for them) an ‘Application for Consent Orders – Parenting.

A signed agreement about matrimonial or defacto property is not legally binding. To convert an agreement about matrimonial or defacto property into a legally binding ‘property settlement under the Family Law Act, both parties will need to complete and file with the Federal Circuit and Family Court of Australia (or have their lawyers prepare for them) an ‘Application for Consent Orders – Matrimonial or Defacto Property’.

See the FCFCOA website for details and consult a family lawyer for advice.

Yes. However, it may take longer / may require a second session, depending on the complexity of the issues.

We strongly encourage all parties to seek independent legal advice prior to attending mediation. This will assist you to negotiate with the other party by understanding how a court might decide your matter if you need to proceed to court.

However, you do not need a lawyer to attend the mediation with you.

No. The mediator is independent and will not provide legal advice or say who is right or wrong. The mediator will not tell anyone what they should do.

You should seek independent legal advice prior to the mediation. You can also contact your lawyer during the mediation if you wish to seek advice, and you can consult them prior to signing any agreement reached.

You will advocate for yourself, or if you have a lawyer attend the mediation with you then that person can advocate for you. A mediation is about you talking with the other party about what you want to achieve and why those things are important to you. You will also need to listen to the other party explain what they want to achieve and why those things are important to them.

Generally no. Mediation is a space for adults to discuss often difficult subjects and children generally should not be included.

If the mediation relates to the child directly and it is appropriate for the child’s view to be expressed in the mediation, we can discuss with you during the intake how best to do this.

Sometimes this is appropriate, although at other times it is not. We will discuss this with you during the intake. A mediation cannot proceed where the other party does not consent to your support person being present.

Yes, however the expense of having an interpreter is borne by the person requiring it. This is an expense over and above the mediation fee.

Mediations usually take a full day. We take breaks during that time, but it is important that you set aside enough time to participate in the whole process.

First step: Call/email us and book in an Intake (or your lawyers can arrange this for you)

Next Step: Attend the Intake (by phone)

Next step: Attend the Mediation

Next Step: Pay for your mediation (or your lawyers can arrange this for you)

Final Step: Mediator sends you your written agreement (and if a parenting dispute, the ‘Section 60I Certificate’ if required)

What mediation involves:

• Intake conversations with all parties prior to mediations
• All mediations conducted face to face in Cairns or online
• Nationally Accredited and ‘FDRP’ mediators (one or two depending on complexity)
• Written agreements drafted as required
• FDR Certificates provided as required (‘section 60I Certificates) – for parenting matters
• Flat rate fee for all mediations