5 Things You Might Not Know About Family Law Mediation

Mediation is a process where you negotiate an outcome for your property or parenting dispute. It is often the best opportunity to try and resolve a matter before Court action is taken. 

You can sit in separate rooms.

You might not know that most family law Mediations occur with each party sitting in a separate room. This is called a “Shuttle” Mediation. The Mediator travels between the rooms to explore the relevant issues with each of the parties and to present different offers. Shuttle Mediation is particularly useful when there are issues of domestic violence or where there might be a power imbalance between the parties. 

You can choose to have your lawyer present, or not.

When you attend a private Mediation, you can attend with your lawyer or you can choose to represent yourself. If your lawyer is with you, they will present your best arguments and give you advice throughout the day about any offers exchanged. Having your lawyer there can be helpful as they can prepare the documents required to formalise any agreements reached.

Your Mediator is entirely independent.

The Mediator is impartial. They do not advocate for either party. The Mediator can help facilitate discussions and can assist parties to reach a final agreement with respect to any issues in dispute whilst remaining independent. 

You cannot disclose offers exchanged at Mediation to the Court.

Offers made at Mediation are made on a “Without Prejudice” basis. These types of offers cannot be used in Court proceedings if the negotiations fail.  The purpose of the without prejudice rule is to encourage parties to try and reach a settlement by allowing them and their legal advisers to speak freely and make concessions knowing that their offers cannot be used against them later in Court if settlement fails.

You can request a Certificate from the Mediator

This allows you to start court proceedings for parenting matters and to show you made a genuine effort to resolve the dispute.

If you wish to start court proceedings for parenting matters, you can ask the mediator for a 60I Certificate. This will demonstrate to the Court that you have attempted mediation. The Certificate will include whether the parties made a genuine effort to resolve their matter.