What is the process for mediation?

Once engaged, Bronte will issue an invitation to the other party to attend mediation. In the event the other party does not respond or accept invitations to attend a mediation, Bronte will issue a Section 60I certificate in circumstances where required.

Should the invitation be accepted, at the mediation, Bronte will meet with the parties and their legal representation and explain the mediation process. Both parties will be given an opportunity to, without interruption, explain issues of concern and in need of resolution. Bronte will then assist the parties work through identified issues in dispute, and to generate options to resolve each issue. The mediator’s role is to assist negotiations and to facilitate the parties reach an agreement in a way in which they are both comfortable. During the mediation, the parties may break away into private confidential rooms to speak with the mediator and their legal representation, as and when required. Bronte’s role as mediator is to remain impartial, independent and maintain confidentiality.

If an agreement is reached at mediation, this can be documented by way of a Heads of Agreement, Parenting Plan or Consent Orders.

Why should I attend mediation?

There are many significant advantages to attending mediation as a means to resolve conflict. Mediation costs are considerably less than the costs of proceeding to Court and litigating a dispute. The litigation of a dispute to a final Court determination can easily cost at least $60,000, and often significantly more. In contrast, the fees for a half day mediation are $1,200 inclusive of GST, and a full day mediation, $2,000 inclusive of GST. The Court process can be extremely lengthy and disputes can be litigated over a number of years. This places a significant amount of financial and emotional stress on parties and can result in substantial damage to a relationship. On average, a mediation typically lasts six hours, though this varies depending on the complexity of the dispute. The mediation process facilitates and empowers parties to efficiently reach outcomes which are mutually acceptable and which minimise further damage to the relationship, allowing parties to move forward in a positive direction.

Do I need to have a lawyer at mediation?

A mediator cannot provide legal advice. Given the specialised and technical nature of family law disputes, it is preferred that you have obtained legal advice and have a lawyer to advise you during the mediation process. The goal of mediation is to resolve disputes in a mutually acceptable agreement, preventing the need for the dispute to escalate further such as an Application to the Court. Reaching an agreement at mediation will save you considerable money, time, stress and will provide you with certainty about your future. Therefore, having having a lawyer to provide legal advice and to assist formalising any agreement with the Court may be considered a wise investment.

Do I have to be in the same room as the other party/parties to the mediation?

There are a number of formats in which a mediation can be conducted. Some mediations may be conducted on what is known as a ‘shuttle’ basis. In a shuttle mediation, parties will be placed in separate rooms and will not be required to have contact with each other. The mediator will move between the rooms relaying information and assisting negotiations. It is important that you speak with Bronte prior to the mediation of any concerns you have being in the same room as the other party. Bronte has experience and training navigating power imbalances and working with victims of domestic and family violence.

In a typical mediation, all parties, their legal representation (if any) and the mediator will meet in the same room, though the parties may break away into individual rooms during the mediation for a private and confidential session with the mediator, as and when required.

What happens if the other party doesn’t want to attend mediation?

In the event the other party does not accept an invitation to attend mediation, in circumstances of Family Dispute Resolution, Bronte will issue a Section 60I Certificate under the Family Law Act. This certificate may be considered by the Court in deciding whether future dispute resolution should occur, and in considering cost Orders.

What happens if I feel uncomfortable at mediation?

Bronte will canvass issues of concerns with you prior to a mediation, however if you become uncomfortable at any point during the mediation process, please speak with Bronte. Bronte will be able to take steps to assist you so that you are not disadvantaged. This may include breaking away into separate rooms.

The mediation can be terminated or adjourned at any time.

How much does mediation cost?

Please visit our Fees page to view our schedule of fees.