What does the day of mediation look like?

Each mediation is different and is tailored according to each unique circumstance.

Nicole utilises the facilitative model. This model facilitates discussions between the parties and enables participants to reach their own solutions that are suitable to them and their families.

Please watch the below video for a description of how the mediation will likely be structured.

If you would like to know more about the mediation process, please view my blog.

How can I prepare for mediation?

During the intake stage, you will be provided with all of the information and documentation that you need to effectively participate in mediation.

Additionally, you may wish to review the below free guides to assist you in coming to mediation with a plan of what you would like to discuss.

I need additional support due to my personal circumstances. Where can I go?

You are not alone.

If you feel unsafe or have concerns for yours or another’s safety, please contact emergency services on 000.

There are many organisations dedicated to assisting people who are:

• leaving an unsafe environment;
• experiencing financial hardship;
• struggling with mental health; or
• would generally benefit from community support.

Click here to view a list of helpful resources available to you.

If you would like any further information, please contact Nicole.

Additionally, if it becomes apparent during or prior to the mediation that you require further professional consultation, such as counselling, a Family Dispute Resolution Pracititioner is able to provide a referral to professional consultation services. Those services are then covered by the rules of Family Law Act 1975 (Cth)section 10J of meaning that those consultations are not admissible in court.

What is a section 60I certificate?

The law requires separating families who have a dispute about children to make a genuine effort to try and resolve their dispute through Family Dispute Resolution (FDR).

Parents cannot proceed to filing proceedings with the courts unless a section 60I certificate has been issued by a Family Dispute Resolution Practitioner.

A certificate may be issued in situations where:

• FDR has failed due to non-attendance; or
• FDR was not appropriate; or
• the parties made a genuine effort but couldn’t agree to the matters in dispute and require a court to resolve the issues; or
• a non-genuine effort was made by one or more people involved in the dispute,

For more information, the Attorney-General’s Department has a helpful fact sheet, click here to view.

Is the mediation process confidential?

Subject to some exceptions, such as potential risk of harm to a child, what is discussed in mediation is confidential and inadmissible.

Inadmissibility means that the things discussed during mediation process cannot later be used in court as evidence.

Confidentiality applies to the mediation process. This means that what is discussed cannot be repeated outside of the mediation.

These protections allows parties to be able to communicate openly and honestly about their dispute without having it be used against them.

It is important to note that if an agreement is reached and an agreement is signed and dated, the contents of the agreement is not confidential unless specified in the agreement itself. The agreement itself may be used in court as evidence if the matter ends up in court at a later date. If you have any concerns about admissibility and confidentiality about an agreement, it may be worth checking with your legal team.

Do I have to attend mediation?

Mediation is a safe place to discuss issues at hand. The mediation process is voluntary meaning that you are not forced to attend if you do not wish to do so.

However, due to the time and cost benefits of mediation, the courts commonly direct parties to attend a mediation as part of the court process.

Section 60i certificates are required in parenting matters prior to being able to commence court proceedings.

In relation to property matters, you must invite the other party to attend mediation prior to filing proceedings with the court.

Below is some more information about confidentiality and inadmissibility if you have concerns about participating in the process.

If you have any further concerns, please contact Nicole.

I am experiencing financial hardship but would like to participate in a mediation. What can I do?

Nicole believes that private mediations should be accessible to everyone.

Nicole can provide bespoke packages or services for those in need of support. Please contact Nicole to discuss your options.

There are financial services available if you require assistance, please click here to view a list of services that you may wish to contact.