If you and your former partner are considering attending a mediation to resolve your family law dispute, we understand that process can seem quite intimidating and nerve-wracking!

Below we will share our insights to help you gain clarity over what may happen at your mediation, to hopefully make the process feel more digestible.

What is mediation?

Mediation is a process that allows for negotiation between parties to a family law dispute, facilitated by an impartial person (the mediator), usually an experienced family law Solicitor or Barrister.

Mediations can either occur privately (outside of Court) or as part of the Court process. For the purposes of this blog post, we will focus our discussion on private mediations.

Where will my mediation take place?

It is up to you, your former partner and your mediator as to where your mediation may take place.

Mediations may take place at one of your lawyers office or alternatively, rooms at your mediator’s office, or even specialised mediation rooms, such as the Mediation Centre at the Inns of Court in Brisbane City.

Access to internet, and electricity for charging devices such as laptops is something that your chosen location should provide.

We recommend that you make sure to plan for travel and parking on the day, especially if you are travelling into the City, so that you don’t cause yourself unneeded stress!

Who can attend my mediation?

We have found that many parties benefit from inviting a support-person, such as a parent or close friend, to mediation.

The presence of any additional people will need to be agreed upon by all parties. We also have found that some mediators prefer for no additional people, such as family members, be invited to attend.

If you feel you need the support or assistance of a family member or close friend at your mediation, we recommend that you make this desire clear to the other party and mediator as soon as possible and seek their permission.

What should I bring to my mediation?

A lawyer! We find that ordinarily, the most productive mediations are those where both parties have the benefit of legal advice and guidance through via an experienced family lawyer.

We also recommend stocking up on some snacks!

Will I need to talk to my ex at mediation?

That is up to you.

Ordinarily, mediations occur via a “shuttle” format. This involves each party (and their legal representative, if applicable) being located in separate rooms, with the mediator “shuttling” between each room to deliver information and assist the negotiations.

What happens during mediations?

At mediation, your mediator will work with each party to determine their position and goals.

As an impartial facilitator, the mediator will reality-test goals, help the parties to adjust from entrenched positions, and attempt to get the parties to reach agreement. Mediators cannot give either party legal advice.

It is not the goal of mediation to produce a “winner” and “loser.” It is normal for both parties to feel that they have compromised, for the benefit of ending their dispute.

What happens after mediations?

Should you and your former partner be able to reach an agreement, that agreement can be formalised with the assistance of lawyers.

In the event you and your former partner have attempted mediation and were not able to agree, we strongly recommend that you connect us here at Martens Legal to explore your options.

If you would like information about how you can prepare for your mediation, we recommend that you read our previous blog post, “Top 4 Things to Prepare for a Mediation.”

Connect With Us

No one relationship (or person) is ever the same.

That means the course of action you require will always be specific to you.

We have prepared our New Enquiry Form with the aim of obtaining key information from you. This information will enable us to provide you with a clear pathway forward which is tailored to you!

You can find our New Enquiry Form here!

Thank you in advance and we look forward to speaking with you soon.

The Martens Legal Team

The above does not constitute legal advice and is not a substitute for seeking legal advice.