Navigating family disputes after separation or divorce can be challenging and emotionally taxing.
At Move On, we aim to facilitate a smooth and amicable resolution through family mediation. Understanding the process of family mediation will usually help reduce the stress and uncertainty that accompanies family conflicts.
If you’re considering family mediation to settle your divorce here are the key steps you need to know about the family mediation process in Australia.
Key Steps in the Family Mediation Process in Australia
Step 1 – Agreeing To Mediate
The first step in the family mediation process is for both parties to agree to mediate.
This means acknowledging that there is a dispute that needs resolving and agreeing that a neutral third party – the family mediator – can help to facilitate discussions and negotiations.
Clearly, this is an essential first step: voluntary and willing participation is crucial for a successful outcome in the family mediation.
Step 2 – Intake Session
Once both parties have agreed to mediate the next step in the process is the separate and confidential intake sessions with each party.
During these sessions, the mediator meets with each of the parties separately to gather information about the dispute, understand their perspectives and assess whether mediation is, in fact, appropriate for their situation.
These sessions allow the mediator to explain the family mediation process, establish important ground rules and address any concerns or questions that either party may have.
Step 3 – Joint Session Family Mediation
The critical phase of the family mediation process is the joint discussion and negotiation with all parties in attendance. This stage must be dealt with sensitively and with professionalism, so choosing an experienced and professionally accredited family mediator is vital.
Introduction
The mediator would generally provide an introduction at the commencement of the joint session – outlining the process, explaining the rules set out in the Agreement to Mediate and the ground-rules for the conduct of the mediation. The mediator would also explain how outcomes are to be dealt with and invite questions about any aspect of the mediation and process.
Opening Statements
After the mediator’s introduction, the joint mediation sessions generally move to an opening statement from each party as to why they are undertaking mediation, what they consider the relevant issues to be and how they would like to see these issues resolved.
Joint Discussion
Once the opening statements have been heard the mediation moves to an examination of the issues and discussion about how best to get these issues resolved.
The family mediator facilitates this discussion, ensuring that each party has the opportunity to voice their concerns and interests. The aim at this stage is to create a shared understanding of the issues and open up discussion and for productive negotiations.
Private Discussion
In addition to the joint discussions, the mediator may hold private sessions with each party. These private discussions allow parties to express their concerns and interests as they wish and explore potential solutions without the pressure from the other party. The mediator uses this information to guide the negotiation process.
Negotiation
The negotiation phase involves exploring various options and working towards mutually acceptable solutions.
The mediator helps both parties identify common ground, prioritise their interests and generate amicable solutions. The goal is to reach an agreement at mediation that is both fair and sustainable for both parties.
Step 4 – Reaching An Agreement
Where the parties have reached an agreement, the mediator will formalise this in a written document.
This agreement outlines the terms agreed by the parties and, where required, the mediator can process this towards a legally binding documents.
At Move On, we ensure that all agreements are clear, comprehensive and tailored to the specific needs of the parties involved. We also ensure that parties obtain appropriate independent legal advice where this is to the parties’ benefit.
What Happens if You Don’t Reach an Agreement at Family Mediation?
At Move On Mediation we may hold further sessions where the parties are nearing agreement but haven’t quite got there.
At Move On Mediation we are proud to say that a significant majority of our mediations achieve a final agreement that enables the parties to move on from their conflict amicably and with legal finality.
However, in a small minority of cases – despite best efforts – family mediation does not result in a final agreement between the parties.
In matters involving issues regarding parenting and children the mediator will provide the parties with a Certificate to enable them to get the issues resolved by litigation in the Family Court. This certificate is called a Section 60I certificate.
Even where a full and final agreement has not been reached at mediation the process that the parties and the issues that have been ventilated usually still provide valuable insights for and clarify the issues if the dispute proceeds to litigation in the Family Court.
The family mediation process in Australia is designed to help separating parties find amicable solutions that lead to binding and enforceable final agreements quickly and affordably.
At Move On we believe that family mediation offers a more constructive and positive approach to resolving family disputes. By guiding parties through each step of the process, we aim to help you reach a resolution that allows you to move on with your lives with clarity and certainty.
If you’re considering family mediation for your separation or divorce, get in touch with Ian today for a no-obligation confidential discussion.
