FAQs
"A problem is a chance for you to do your best." - Duke Ellington
What is Meditation?
Mediation is a dignified process, provided by a neutral skilled mediator, to help those in conflict find outcomes that are acceptable to all. The parties control the outcome so the process respects their individual needs and interests.
The mediator provides the skills to assist the parties communicate effectively. This is done by providing the right environment and encouraging the parties to negotiate. The mediator ensures that each party understands the other’s position. The mediator will assist parties to identify their needs and interests and use problem-solving techniques to find common ground, solutions and agreements.
A Mediator does not impose decisions on parties where they cannot agree, as is done in litigation. If parties do not resolve matters then the problem is not resolved. This allows the parties in mediation to control and own the outcomes.
Mediation gives parties a respectful and dignified forum to raise their issues and find solutions. It supports relationships and minimises damage. This is critical in family disputes and conflicts.
What are the benefits of mediation?
- Increase understanding of issues contributing to conflict
- Develop & implement logical, sustainable agreements
- Preserve relationships
- Promote ownership and commitment to change
- Provide you with solutions for managing and resolving differences which are responsive, cost effective and efficient
- Permit you to determine when and how your dispute is resolved
- Allow you to take ownership of important decisions that affect your family and your finances
- Avoid expensive litigation and having decisions imposed on you by Courts
- Provide final outcomes so you can move forward with your life sooner, and with less lasting damage
- Provide you with dignity and respect
When can mediation take place?
Mediation can take place whenever all parties are ready to attend mediation. This can be different for each party, so consideration should be given to each party’s needs when planning your mediation.
The actual times for mediation can be arranged to suit both parties’ convenience, but usually mediations are done on the working week days and take a full day. They commence around 9.00-9.30 a.m. and conclude around 5.00 p.m. As the mediation can take longer than 5.00 p.m., it is always wise to arrange for your child care, parking and travel arrangements to take this into account.
Where do we do the mediation?
Modern mediation rooms provide a relaxed environment to achieve the best outcomes. These are usually arranged by the mediator and the room hire fees are charged to the parties, at cost.
Do I have to be in the same room as the other party?
While it is preferable that some of the introductory mediation time is spent in a joint session, if this is not going to assist any party in mediation, or it will create a stressful situation, then shuttle mediations – where the parties remain in different rooms – can be arranged.
What if I cannot physically attend mediation?
Mediations that take place using telephone link or Zoom can be arranged after careful consideration of the parties needs and the issues involved in your mediation. As this is not the most effective way to mediate, other options should be explored with the mediator first.
What are the costs of mediation?
A full fee schedule can be found under “Fees”. This sets out the details for the daily mediation fee in Brisbane, other places in South East Queensland or in other parts of Queensland or Australia. It sets out usual room hire fees, travel fees and other incidental fees.
How do I do the best to have a successful mediation?
- Choose the right Mediator
- Set aside sufficient time for the Mediation
- Prepare for your Mediation
- Narrow the issues as far as possible with disclosure, valuations, single expert reports, etc
- Get into the zone of bargaining before the mediation begins
- Do not take a bottom line or fixed position approach to the outcome so all possible outcomes can be considered.
What if I have concerns about things on the day of mediation?
It is very important that you indicate whenever you feel upset or uncomfortable on the day of mediation. It is a difficult day for most people. Expectations of outcomes may be challenged and things you had not known about or considered for the other party may need to be factored into your decisions. You must have open and honest dialogue with the Mediator whenever these things arise and we can discuss them fully. Remember that this is your day to make safe and informed decisions. You should not feel overwhelmed or coerced, but you will need to understand the consequences of each decision you make… and those things can be uncomfortable to hear at times. You may be emotional and this is normal and expected. All the things discussed in the private sessions with the Mediator are confidential so you can be as open as you need to be.
How do I book a date?
You can check the online booking calendar for available dates for your mediation. You should check with all the people who need to attend and agree on a suitable date. You can then complete the Appointment Enquiry Form. As long as the date is still available when you do this, it will be booked and you will be advised by email that it is a secure booking.
How do I prepare for mediation?
Please download our page on How Should I Prepare for Mediation to print and read, so that you are fully prepared.
Legal Questions
Can you provide me with a s60I Certificate?
Yes, Jenny is a registered Family Dispute Resolution practitioner, and can provide parties with the certificate in appropriate circumstances.
Are agreements reached at mediation binding and legal?
If you reach an agreement, Heads of Agreement will be prepared and signed by both parties on the day of the mediation. This document records the terms of the settlement in broad terms. It will then need to be drafted by your lawyer into a Parenting Plan, a Consent Order or a Financial Agreement (as required) so that your agreement is binding and enforceable.
