FAQ:
How long will mediation take?
The duration of family mediation varies depending on the complexity of the issues and the willingness of both parties to negotiate. However, typical timeframes include:
Intake : 1–1.5 hours (for straightforward matters).
Standard mediation process: 2–5 sessions, each lasting 1.5–2 hours, spread over a few weeks.
Who will be present during the sessions?
Each party meets separately with the FDR practitioner to discuss their concerns, goals, and any safety issues (e.g., family violence). After all parties have participated in intake then mediation takes place with these parties. Typically party A, party B and the mediator participate via an online teleconference forum such as Teams or Zoom. In some situations a support person may be approved and legally assisted mediation approved prior to appointment.
Is mediation legally binding?
Agreements reached through Family Dispute Resolution (FDR) are not automatically legally binding. However, parties can take steps to formalize their agreements and make them legally binding by applying for Consent Orders through the Family Court.
Financial Agreements – Property and financial settlements can be formalized through Consent Orders or a Binding Financial Agreement (BFA), which requires independent legal advice for both parties.
Is the process confidential ?
Everything discussed with a Family Dispute Resolution (FDR) practitioner remains confidential, except in specific situations, such as preventing a serious risk to someone's life, health, or engaging in unlawful activity.
Conversations during FDR cannot be used as evidence in court. However, if there are concerns about child abuse or indications that a child may be at risk, the FDR practitioner is legally required to report this, and such information may be admissible in certain cases.
Can our children attend mediation?
No, mediation is a forum for adults to discuss adult issues. and make decisions around the best interests of the children. If you believe the child wants to have their say a child inclusive practitioner will be engaged with both parents agreement and at an additional cost.
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What if I feel pressured or intimidated?
Inform the FDR Practitioner – Mediation should be voluntary and safe. The practitioner can take steps to address power imbalances, such as separate sessions (shuttle mediation) or additional support.
Request a Support Person – In some cases, you may be allowed to have a support person present to help you feel more at ease.
Take Breaks or Pause Mediation – You can request breaks at any time or ask to pause mediation if you feel overwhelmed.
Opt-Out if Necessary – If you feel mediation is not safe or productive, you are not obligated to continue. The practitioner may decide that mediation is not appropriate and refer you to legal or other support services.
Seek Legal Advice – A lawyer can help you understand your rights and ensure you are making informed decisions.
When is mediation deemed inappropriate?
If there is a history of domestic violence, child abuse, or a serious risk of harm, mediation may not be safe or appropriate.
Power Imbalance – If one party is significantly intimidated, pressured, or unable to participate equally, mediation may not be fair or productive.
Lack of Willingness to Negotiate – Mediation requires both parties to participate in good faith. If one party refuses to engage or compromise, the process may not be suitable.
Urgency of the Situation – If there is an urgent issue, such as a child being at risk or the need for an immediate court order, mediation may be bypassed.
Mental Health or Cognitive Impairment – If a party has a serious mental health condition or cognitive impairment that affects their ability to understand or participate in mediation, it may not be appropriate.
Fraud or Financial Misconduct – In cases where one party is hiding assets or engaging in financial deception, court intervention may be required instead.
Can we mediate if the other party refuses to attend?
No, both parties are required to attend to successfully mediate
What happens if we don't reach agreement?
If mediation is unsuccessful, the FDR practitioner may issue a Section 60I Certificate, which is required before applying to the court for parenting orders and property / financial settlements.