What is mediation?
If you are involved in a family law matter, chances are you will attend a mediation.
Mediations are confidential meetings that allow parties the opportunity to discuss a settlement without fear of putting options forward. The parties are assisted by a mediator, and often their lawyers.
The goal of a mediation is to enable parties to negotiate their property or parenting matter without having the Court decide the outcome. Mediation can be done before or after a matter is filed with the Court.
We have prepared a four-part series that looks into the mediation process. This week, we look at the different types of mediation and who can conduct a mediation.
In the following weeks we will look at specifics for property mediations and parenting mediations.
If you have any questions about mediation you want answered, you can submit these through our Facebook page or the Ask a Lawyer section of our website.
What types of mediations are there?
One of the key benefits of mediation is that It is extremely flexible. A mediation can take place in many ways and be tailored to make the parties comfortable.
Typically, a mediation is conducted in one of the following ways: -
1. Face-to-face - this involves all parties sitting around a table with their respective solicitors and the mediator. The parties discuss issues and can explore options the assistance of the mediator. The parties may talk to each other direct, or through the mediator. It can be a free-flowing discussion, or a question-and-answer format. in most face-to-face mediations the parties have joint sessions where they are in a separate room from the other party.
2. Video or telephone - each party is with their solicitor and appear by a video link or dial into a group call. For these types of mediations it is not necessary to have the participants in the same physical area. This is helpful if the parties live a distance from each other. Aside from the parties appearing on a screen or phone, they can be the same as a face-to-face mediation.
3. Shuttle mediation - shuttle mediations are different because the parties are never in the same room, or if it is a video or telephone mediation they never hear the other party speak. In a shuttle mediation the mediator speaks to one party and relays the message back to the other party.
Shuttle mediations are important in matters where there has been family violence, there is a power imbalance between the parties, there is extremely high conflict or one party is very uncomfortable being in the same room as the other party. Having a shuttle mediation means that parties still have the opportunity to decide the outcome of their matter themselves, but in a safe environment.
4. Round table conference – while not technically a mediation, as it does not involve a mediator, a round table conference is another way parties can get together to discuss an outcome to their matter. Round table conferences are generally less formal, and are normally set up when both parties have a solicitor.
Who can conduct a mediation?
It is best to have your mediation conducted by someone who is trained in mediation or has experience conducting mediation. Accredited mediators have undergone training to become mediators, and most barristers or former judges will also do mediation. There are a wide range of private mediators and government agencies that offer mediation.
If you are discussing parenting matters you want to select a mediator that can issue section 60I certificates. Not all mediators can do this.
Different mediators will have different fees. Private mediators will generally be more expensive then the government agencies, but may be able to offer their services much quicker. Some mediators have more experience in certain types of matters. It is important that consideration be given to who may be the best mediator for a matter.
Please note: the information in this article is general in nature and is not legal advice. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors.