Starting the process
If you wish to participate in mediation, your first step is to contact Focus Mediation. Sometimes, your lawyer may be the person who contacts Focus Mediation on your behalf. Following this first contact we invite the other party involved to participate in mediation.
In the event that either parent refuses to participate, or the other parent doesn’t reply to the invitation, then a s. 60I certificate can be issued on request in parenting matters. This allows you to file an application in court seeking parenting orders.
Assessment
The assessment involves us meeting with each of you individually to discuss your matter. During this confidential discussion, we listen to the issues and concerns that are important to you.
Not all matters are appropriate for mediation, so it is necessary for us to assess the suitability of your matter.
Joint mediation
If your matter is found to be suitable after assessment, a mediation date and location is set.
During the mediation, the mediator assists both of you to discuss the issues that are in dispute. It can be difficult to discuss certain issues, particularly when there have already been disagreements. It is the mediator’s expert role to facilitate these difficult discussions and look at practical options for the future.
We also recognise that not all matters are the same. The joint mediation is structured to take into account the unique circumstances of your matter, including making sure that all involved feel comfortable and secure. The mediator checks in with you throughout the mediation to make sure that you are feeling safe and have understood all that has been said and agreed upon. Throughout the mediation, the mediator remains in a neutral, non-judgemental role.
As with the assessment, the mediation is confidential, except in certain circumstances, such as to prevent a serious threat to someone’s life or health or to prevent the commission of a crime.
Agreement
If an agreement is reached at mediation, this can be recorded in writing. If you want the agreement to be legally enforceable, your lawyer will draft this for you. Upon request, we can provide you with a typed agreement, which will assist your lawyer in the drafting process.
Child-inclusive mediation
It may become apparent that there will be benefit in having a child consultant meet with your child or children. This provides parents with valuable feedback regarding how your child or children are coping with the separation and the changes in their world. This process only occurs with the consent of both parents.
How much does mediation cost?
Mediation is a significantly less expensive option than going to Court. The fees for mediation are usually shared equally between all parties involved.
See below for our payment structure.