Family law mediators Melbourne

A family dispute resolution practitioner will guide you through the mediation process, with the aim of reaching an agreeable outcome quickly and effectively. 

Prior to the scheduled mediation, each party may be invited to meet the mediator, ask any questions, and explain what they hope to achieve from the session. On the day, the mediator will explain the process they intend to use before proceeding with opening statements. They will then use the information provided by each party to determine how they will conduct the negotiation. The mediator may work with the parties or their lawyer to define the issues in dispute so they can narrow the focus for discussion. Finally, the mediator will ask the parties to consider options for settlement and may ask one party to make an offer for the others’ consideration.

Mediation sessions are not legally binding. If an agreement is reached at mediation, then the terms of the agreement will be set out in writing and signed, and it will then later be lodged with the court to become an order. Until the order is made, the agreement is not final and binding.

Mediations do not always result in a settlement, but on many occasions they do. Success depends on the context, the skill of the mediator, and the willingness of the parties to engage in the process. Generally, mediation has a high success rate, and many disputes are successfully resolved through this method.

Family lawyers can be very effective mediators, bringing a deep understanding of the Family Law Act to the mediation process. This can be beneficial in cases where legal complexities need to be addressed as part of the resolution. A family lawyer also has strong communication skills, which is valuable in guiding parties through discussions and helping them articulate their needs and concerns.

Yes, family mediation sessions can be conducted with the parties in separate rooms if one or both parties feel uncomfortable or are fearful of the other person. In this case, the mediator will go between the rooms to convey offers and instructions and mediate the discussion. This is commonly referred to as shuttle mediation.

The mediation process has both advantages and disadvantages. Many clients may feel nervous prior to mediation but confident in their position at the same time, only to later feel disillusioned with the process or anxious as to the outcome.

For a case to settle in mediation, one party must eventually be willing to accept a proposal submitted by the other person. This can create some psychological barriers, as a client accepting an offer may feel they have lost, made all the concessions, or given in.

In family law cases, there are a range of potential outcomes that could be achieved if the matter was to be determined by a court. It is this range that you should keep in mind during the mediation, rather than a single fixed figure.

Lawyers will usually prepare a case outline prior to mediation for exchange between the two parties and mediators. This gives the other party and the mediator an idea of the issues in dispute and the direction the mediation will need to take. Speaking to your lawyer about the case outline and the range of likely outcomes well in advance of mediation is recommended. Make sure that you have provided all discovery documents and any outstanding requests for information prior to mediation to ensure there are no unnecessary blocks to achieving a mediated outcome on the day.