The Divorce Mediation ProcessBecause There Is Always A Better Way
OUR DIVORCE MEDIATION PROCESS
OUR DIVORCE MEDIATION PROCESS
Getting divorced can be stressful and expensive – divorce mediation helps you to move on quickly, with less stress and legal fees.
Mediation with Move On is a time-saving and cost-effective solution to finalise financial settlements and/or arrangements for children as part of your separation or divorce.
As an accredited divorce mediator in Perth, Ian Shann has over 12 years of experience helping separating couples to divorce without the aggravation of a protracted legal battle in the Family Courts.
Our excellent success rates speak for themselves, with over 90% of our divorce mediation sessions reaching a substantial or complete agreement.
HOW DIVORCE MEDIATION WORKS
The key steps in the divorce mediation process are:
Step 1 – you agree to mediate – set a date and time for the mediation (“A”);
Step 2 – confidential intake sessions (in person or telephone) with each person (“B”);
Step 3 – all participate in a formal mediation session to discuss and resolve the issues in dispute (“C”);
Step 4 – Move On drafts the terms of the agreement (“D”);
Step 5 – you confirm the terms of the agreement (“E”); and
Step 6 – Move On prepares a draft Minute of Proposed Consent Orders and a Guide to help you to prepare an Application for Consent Orders in the Family Court (“F”).
The process will usually take between one and three weeks to get to preparation for filing an Application.
Family Court approval of an Application for Consent Orders may take anywhere between one and six weeks (and is beyond our control).
WHAT HAPPENS IN YOUR DIVORCE MEDIATION SESSION
For your mediation session (step 3 above), this is what will happen:
The mediator (Ian) will introduce himself and outline his role, as well as explain how the session will work.
Each party will have a turn to share an opening statement explaining their position coming into the mediation session.
Issues will then be identified (these may already have been raised at your intake session as well) and discussed between both parties. Options will be explored that could allow you to amicably resolve the issue at hand.
The aim of the session is to resolve your issues relating to your separation so hopefully you will reach an agreeable resolution.
We are not permitted to act for one or both of you in finalising and filing the Application for Consent Orders – but will provide you with a guide how to do this or details of lawyers who will do this at a very reasonable price.
WHAT HAPPENS IF THE OTHER PERSON REFUSES TO MEDIATE?
There can be a number of reasons why one person does not want to take part in mediation – and we completely respect that decision.
Mediation is not always the right solution when it comes to divorce (for example in situations where there is a restraining order in place or a history of abuse of any kind).
Should one person refuse to mediate, the next steps depend on what issues are unresolved.
For children’s matters, a certificate will be issued to the person who asked for the mediation to take place. They can then take this to the Family Court to let them decide on the matter. Find out more about the rules on providing certificates on the Family Court website here.
For financial issues, you can proceed straight to Family Court to have these resolved without the need for a certificate.
THE MOVE ON MEDIATION DIFFERENCE
THE CONFIDENCE TO GET STARTED
Move On offers fixed rate divorce mediation in Perth, from less than $1,000 per person (depending on the complexity of the issues), you know what you’re in for and can begin the divorce mediation process with confidence.
This investment is a tiny fraction of the legal fees charged in the Family Law system when getting a divorce – where a standard divorce case going to trial could easily cost each party over $50,000 and might take as long as 3 years to get resolved.
Our divorce mediation fees are a one-time fixed fee paid up front to enable you to move quickly and affordably.
We do not charge for time spent on your matters (like most lawyers do). We focus on getting you results quickly, not drawing out the mediation process.
See all the details about divorce mediation fees here.
WE DON’T WASTE YOUR TIME
We discuss matters confidentially with all parties to determine whether family mediation is appropriate. We work through the issues and outcomes you want and then have a formal divorce mediation session which might take the best part of a day.
LET’S TAKE THE STRESS OUT OF IT
You discuss and resolve the real issues in a safe environment. The emphasis is on mutually acceptable outcomes. The divorce mediation process avoids legal arguments and encourages positive discussions, not family disputes focusing on past conflicts.
WHAT WILL YOU HAVE TO SHOW FOR IT?
Less stress for one.
The agreements you reach at family mediation are your agreements, not a judgment imposed by a Court.
When the issues are agreed during your divorce mediation, we will draft an agreement you may use as a Parenting Plan, a basis upon which to obtain independent family law information or to obtain formal Court Orders. So we do much of the paperwork for you.
Whether your issues are property settlement or about children, formal Court Orders are usually necessary for agreements to be legally binding and enforceable. They may also have significant financial advantages in property matters.
We will explain the process and requirements for getting formal orders from the Family Court in detail and provide material to guide you through that process – with or without lawyers.
The whole divorce mediation process will take no longer than 3-4 weeks from enquiry to agreement, rather than months or years.
Still have a question that we haven’t answered on our website? Get in touch with Ian today.