FAQ’s
Q: What should I do to prepare for mediation?
A: You should prepare a list of the matters that are of concern to you and the outcomes which you would like to obtain from the mediation in order of preference.
Additionally, you should prepare a list of the ways in which such outcomes might be achieved.
From experience, we have found that it is often best to not only have one suggested solution but a number of possible solutions.
Q: How long does the mediation process take?
A: Typically, Family Dispute Resolution conducted by a Family Relationship Centre rarely takes less than 3 months from start to finish and quite often, the process can take longer.
However, a Private Family Law Dispute Resolution at Clive Mills Family Law Mediation can take place within a substantially shorter time-frame.
The Mediation Conference will take place at a time agreed by the participants and, if appropriate, their legal advisers.
Q: Can I bring a support person with me to the Mediation Conference?
A: It will be at the discretion of the Mediator as to whether or not it would be appropriate and of assistance for a support person can attend to provide emotional support.
Q: Do parties to mediation need to be legally represented?
A: No.
It is not necessary for participants to be legal represented although Clive Mills Family Law Mediation encourages parties to not only seek advice prior to undertaking Mediation but, if they wish, to participate in Mediation with their respective legal representatives.
Clive Mills Family Law Mediation encourages all parties wishing to participate in mediation to obtain their own independent legal advice.
Q: Will my case be suitable for Mediation?
A: Clive Mills Family Law Mediation can assist parents and other parties reach short to long-term agreements relating to:
- parental responsibility,
- one party wishing to relocate to another location
- child visitation
- financial issues
- property settlement
Q: Can I undertake mediation if court proceedings are already on foot?
A: Generally, mediation occurs before proceedings take place.
However, Courts can, and sometimes do, whilst court proceedings are underway, order that parties to proceedings attend mediation prior to the final hearing of the matter.
A Court generally takes the view that it is preferable for parties to reach an agreement than to have an agreement imposed on them by the Court.
Q: What is a child-focused approach to mediation?
A: A child-focused approach to mediation is putting the welfare of the children first.
Clive Mills Family Law Mediation is child-focused.
Q: What is Child Inclusive Mediation?
A: Child inclusive mediation is an approach which takes into account the wishes expressed by children, as determined by a Family Consultant who meets with the children separately and then provides feedback as to the children’s wishes and concerns.
Q: Should we tell the children that we are attending FDR Mediation, and if so, what should we say?
A: Clive Mills Family Law Mediation take a view that it is important that children are aware that parents, and any other parties involved in their care, are attending mediation to sort out how best to make arrangements concerning them.
Q: What is a Safety Plan?
A: Safety Plan is put into place to promote the safety and comfort of the parties and their children.
It can sometimes involve such things as;
- parties conducting mediation at different times
- parties entering the venue at different entrances,
- transport arrangements to and from the venue;
- allocation of different mediation rooms;
- “shuttle room” mediation
and other appropriate measures.
Q: What is a section 60(I) certificate?
A: At the request of a party to mediation, a section 60(I) certificate will be issued.
The certificate will state either that the matter is not appropriate for FDR or, alternatively, the matter proceeded to mediation and both parties made a genuine effort to resolve the issues or, one party made a genuine effort to resolve the issues but the other party did not.
A section 60(I) certificate can be produced to the court if an application is filed dealing with a parenting issue.
Q: What are Clive Mills Family Law Mediations charges?
A: In the majority of cases, Clive Mills Family Law Mediators charge $200.00 plus GST per hour per person.
The total costs payable are unlikely to exceed $2,000.00 plus GST.
Q: Are agreements reached through mediation binding?
A: An agreement reached through mediation is not legally binding until an application is made to the Court for a consent order reflecting the terms of the agreement
Q: Is information disclosed at Mediation confidential?
A: Generally, yes. Information disclosed during mediation is to be kept confidential between the parties.
The Mediator is also required to keep information confidential unless the parties consent or the law may require the Family Dispute Resolution Practitioner, where a child is at risk of harm or there is an intention to commit a violent crime, to disclose certain information to the Court.
If you’re looking for help with a family law, property law or commercial law matter, the Clive Mills & Associates team is on hand at our offices in St Leonards, on Sydney’s Lower North Shore. We are conveniently located for trains, buses, parking and the law courts so that we can help busy people resolve legal matters easily and efficiently