Family Mediation | FAQs

The role of the Family Dispute Resolution Practitioner (FDRP) is to facilitate a process where a couple who are separating can reach agreement over care of children and division of property in a safe environment.

The FDRP will:

• Facilitate communication, problem solving and negotiation
• Assist the parties to set their agenda for mediation
• Maintain a neutral position and be impartial
• Address any imbalance of power
• Control the process of mediation, rather than the content or outcome
• Not offer advice, yet be informative
• Show no judgement of issues in dispute or impose any solutions
• Refrain from providing legal, therapeutic or any other professional advice
• Have no vested interest in the outcomes that are decided upon by the parties
• Assist the parties to record their agreements in writing
• Issue a Section 60I Certificate if appropriate

Generally the mediator will meet with each party individually and then move on to joint sessions.

The individual meetings are confidential. These last for 1-2 hours.

After joint meetings are complete, if you wish the mediator may document all of the issues that you agreed to into an Agreement.

Joint sessions run on average for 3 hours but are tailored to the parties needs. The number of sessions depends on how many issues there are, the level of complexity and how well the parties get through the issues.

Yes, mediation is confidential. In order for the parties participating in the mediation to have open and honest communication it is important that the discussions take place “off the record”.

The mediator will not, unless otherwise agreed to in writing by all parties, voluntarily disclose the substance of the discussions to anyone. The one exception to the confidentiality rule is if child abuse, elder abuse or potential harm to any of the parties is suspected. By law the mediator is required to disclose this information.

If mediation is successful and the parties come to an agreement the mediator can put your Agreement into writing.

The mediated Agreement in and of itself is not a legally binding document. The family mediator can give you information so you can take steps to make the mediated agreement legally binding.

All parties that would be helpful in resolving the conflict can be invited into mediation,

During separation/divorce the couple attends mediation. At times it is helpful to bring teenage children in to talk to the mediator to ensure that they have a voice during the process.

Sometimes lawyers participate in mediation if all parties agree to it.

Under the Family Law Act, a Section 60I Certificate is required prior to making an application to the court for a Parenting Order.

The Section 60I Certificate is only required if a couple are unable to reach agreement during Family Dispute Resolution or it is unsuitable to proceed with FDR (due to family violence for instance). If the other party does not wish to participate in Family Dispute Resolution a section 60I Certificate will be issued to reflect their refusal.

The Section 60I certificate can only be issued by a Family Dispute Resolution Practitioner who is registered with the Attorney General’s Department.

Mediators charge at different rates. At Family Matters WA, the hourly fee is $210 per person for all work carried out by your mediator. Our complete Schedule of Fees can be found on our Fees Page.

Fees are payable upfront at the start of each mediation session.

Mediation is far less costly, both financially and emotionally, than litigation.

At Family Matters WA we offer flexible appointment times, including evenings. We can usually get you in within a week and earlier if urgent.

The general answer is…it depends.

Different types of mediation as well as different dynamics affect the duration of mediation.  A separation mediation can range from 3 hours (1 session) to 12 hours (4 sessions) depending upon the matters for discussion.

With Family Matters WA you only pay for the time in our office. The more organized you are, the lower the total cost of mediation.

Call to discuss your requirements 0400 401 854.

There are many ways to use a lawyer during mediation:

1) Consultation at the beginning of the mediation process
2) Retain a lawyer for use during the mediation process
3) Having a lawyer actively participate in the mediation process (5 way meetings)
4) Independent legal advice at the end of the mediation process

Although many mediations are completed without the assistance of a lawyer, knowing your rights is always recommended.

There is no legal obligation to use a lawyer. It is important however that you are aware of your legal rights during mediation so that you can make informed decisions. The role of the lawyer is lessened in the mediation process however independent legal advice is still valuable.

It is a personal/family decision whether to use a lawyer.