What is Family Mediation?
What is Family Mediation?
- It is a way of helping families reach decisions about what they want to happen after separation or divorce
- It gives couples a safe, confidential place to resolve their differences at their own pace
- It gives couples the chance to speak directly to each other about their concerns in the presence of a professional mediator
- It recognises that parents are the experts about what is best for their own children
- It is voluntary – courts compel families to attempt mediation before litigation begins but no-one is forced to reach an agreement
- The mediator is impartial – mediators do not take sides. They also do not give legal advice but do give legal information
- The clients are in charge of their decisions, not lawyers or courts – mediators are there to help facilitate couples reach to their own agreement
Compared to court proceedings, family mediation is:
Quicker
Cheaper
More empowering – you retain control of decisions that affect your life
Better emotional outcomes
More child-focused
A confidential process
How Can Family Mediation Help Me?
It is the quickest and cheapest way of resolving issues when a relationship breaks down
With a private practice such as Family Matters WA, you will be able to start the mediation process promptly with no delay and you will have the same practitioner take you through your mediation process. The average agreement can be reached in six to 12 hours.
Mediation gives you ownership of the outcome
Any decisions about your children or your finances will be your decisions, not made by a stranger who knows nothing of you or your family.
The process is confidential
This means that couples can avoid public disclosure of financial information and other personal matters.
It is a safe, neutral environment
You will have the chance to be heard and understood. If either party is feeling unsafe, unwilling or unable in any way to negotiate face to face in the same room, then a shuttle mediation process (where the parties are in 2 different rooms) can be facilitated.
It is child-focused.
The well-being of your children will be the most important consideration in any discussion. Clients are helped to move on from being parents who live together to find a good working relationship as parents who live apart.
How to Start
Step One – Enquiry
If you are considering Family Dispute Resolution, you can make an initial online enquiry, or contact us on 0400 401 854. From this initial enquiry, we will assess whether your situation is suitable for mediation.
Step Two – Individual Sessions
The next step is your individual session which lasts 1-2 hours. During this first meeting, we will guide you through a formal assessment process to determine if your case is suitable for mediation. The other party will then be invited to attend their own individual session. This again is to assess if mediation is appropriate and if they are willing and able to negotiate with you.
Step Three – Joint Sessions
After that, if you’re both agreeable and if we assess that mediation is right for the two of you, we will arrange one or more joint sessions where you attend together.
Step 4 – Agreement
If agreement is reached, we write up your agreements into a formal document and this can become the basis of a court order if you wish to obtain one.
Our Fees
It is important to us that legal information and family mediation is available for you, regardless of your income. Payment is required before your sessions commence.
Initial Consultation – $420.00 per person fixed fee (inc. GST)
A confidential 1.5 hour meeting is conducted separately with each party. At this individual appointment, we will provide you with legal information about parenting, finances, property, and child support matters; and discuss your options to progress your matter. In addition to your individual appointment, the $420. fee includes emails and phone calls before and after the individual appointment and issuing a s.60I Certificate if necessary.
Joint Mediation Sessions – $210 per hr per person (inc. GST)
While joint mediations are typically 3 hours long, they can be shorter or longer depending on your situation. Our aim is to provide you with a service that is tailored to your specific circumstances. Each party is invoiced separately, and the final cost depends upon the number of joint mediations. Parties may attend with solicitors if they choose. In some instances, we will recommend that your solicitor attend the mediation with you if we consider this is more likely to result in an agreement.
Preparation for the Joint Mediation
Typically, most mediations require preparation by way of emails, phone calls or preparation of documents to be used in the mediation. A standard one hour preparation fee of $210. per person is invoiced at the time of the joint mediation. If parties require assistance with disclosure, or a mediation requires more comprehensive preparation, this preparation fee will be higher according to the individual matters and will be discussed in advance.
Assistance with Agreements and/or Parenting Plans
We can prepare financial agreements, Form 11 Applications and/or Parenting Plans based on our mediation rates. The standard fee for Form 11 Applications is $1,700. and this is usually shared between the parties. Our service documents your wishes, but we do not give legal advice. We recommend that you obtain independent legal advice if you wish to obtain family court Consent Orders.
Section 60i Certificate
There is no additional charge if either or both of the parties request a s.60i Certificate.
Payment Arrangements
- Intake appointment – Payment is required at the time of your intake appointment. If the second party refuses to participate in mediation, the fee is payable by the initiating party prior to the 60i certificate is issued.
- Joint Mediation – Payment for joint mediation is required at the time of your mediation and each party is responsible for their own costs unless otherwise agreed.
- Cancellation – Generally, there is no charge for cancellation, however we do request that you give as much notice as possible.