What to Expect in a Family Law Mediation

What Is Mediation?

Mediation is a process designed to assist parties to a dispute reach a mutually acceptable agreement. It is a process where both sides sit down, either in the same room or separately, with a trained, neutral third party called a mediator.

The mediator’s job is not to decide who is right or wrong. The mediator does not determine the outcome. Instead, they help guide the conversation so that both sides can talk through the issues, explore possible solutions, and ideally reach an agreement that works for everyone.

Mediation can be something both parties agree to try or, a court might order it as part of legal proceedings.

Anything you say during mediation is confidential. This means it cannot be used as evidence against you in court and it cannot be shared with anyone else, unless an exception applies (such as, a child is at risk of abuse).

What to Expect from the Mediation Process

Every mediation is a little different depending on the nature of the dispute, the people involved and how complex the issues are. The aim is always the same. That is, to find common ground in a calm, respectful environment. Your lawyer will help choose a mediator who will be a good fit for your situation.

Often, the mediator will start with a private meeting (an intake session) with each party before the main session begins. This gives the mediator a chance to understand what each party is concerned about and what they hope to achieve.

At the start of the mediation, both parties (or their lawyers) usually make a short statement explaining what the main issues are. Then, with the mediator’s help, the parties, with the assistance of their lawyers, work together to explore ways to solve those problems.

In the majority of family law mediations, the parties involved will not be in the same room. Instead, the mediator will go back and forth between each party. This is referred to as a “shuttle mediation.” This approach helps reduce conflict and makes it easier for people to feel safe and comfortable during the process.

The Lawyer’s Role in the Process

Your lawyer is there to support you through the mediation. They will explain your legal rights, help you understand your options, and work to reach a fair outcome. Lawyers usually take a cooperative, problem-solving approach in mediation. This helps keep the mediation focused on solutions.

Your lawyer will also help communicate with the other party and their lawyer, making sure your voice is heard, and your needs are clearly expressed.

Your Role in the Process

You play a big part in the success of mediation. Before it begins, your lawyer will help you get ready by gathering important information, setting clear goals, and thinking through possible outcomes.

During the mediation, you will consider different proposals and offers, and decide, often with your lawyer’s advice, whether to accept, reject, or suggest changes.

It is important to remember that you don’t have to agree to anything you’re not comfortable with. If you ever feel overwhelmed, stressed, or unsure during the session, you can always take a break.

Reaching an Agreement

If all parties are able to agree on a solution, the terms of the agreement will be written and signed by the parties. Your lawyer will then help finalise the settlement documents, and in some cases, file the agreement with the Court so it becomes legally binding.

Even if you are unable to reach a final agreement, mediation is still often helpful. It can clarify the key issues and give both parties a better understanding of where the other side is coming from. If no agreement is reached, your lawyer will explain what happens next; whether that involves more negotiation or moving forward with a court case.

To discuss mediation in your Family Law matter, contact our team of Sutherland Shire Family Law Solicitors including Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard, on 8525 2700; or click here to request an appointment.

Article by Kirstin Attard
Image created in Canva

Please note information in this article was true and correct at the time of publication.