FAQs

Frequently Asked Questions

Is Mediation confidential? How private will my information be kept?

Yes, Mediation is confidential. The Mediation and anything said in Mediation is confidential and cannot be disclosed outside of Mediation. All communications are also inadmissible in any court or proceedings. There are exceptions in relation to the safety of the parties or any risk of harm to children.

 

Can the Mediator give legal advice?

No, however the Mediator can give her point of view based on her experience if this is requested by both parties. The Mediator’s role is impartial and independent. The Mediator will assist you to discuss the issues and come to a resolution. The Mediator can inform you about the relevant legislation, the process and talk to you about her experience in the relevant area, however cannot give either party legal advice.

Do you issue section 60i certificates?

The Mediator is also a Family Dispute Resolution Practitioner, which means she is authorised to issue a section 60i certificate in parenting matters. This certificate will enable you to commence court proceedings.

What if I can’t afford Mediation?

Mediation is a private, paid service. However, at Bay Mediations our goal is to help all people resolve their conflicts. Accordingly, we are open to fee flexibility and would be happy to discuss options with you. 

Do I need to bring a lawyer or get legal advice?

No. This is entirely up to you. 

We do note that obtaining legal advice will help you to understand:

  • Your rights 
  • Your children’s rights
  • What parenting arrangements can/should be made
  • How the court would consider your matter
  • What are the relevant contributions of the relationship
  • What type of agreements can be entered into and what those agreements can include
  • What you can/cannot do with your finances pending agreement
  • What happens if an agreement cannot be reached

What happens if my ex-partner won’t participate in Mediation?

The Mediator can provide you with suggestions about what you can do next to progress your matter. What these suggestions are will depend upon your circumstances, but may include legal advice, therapy, courses or court proceedings. 

The Mediator is also a Family Dispute Resolution Practitioner, which means she is authorised to issue a section 60i certificate in parenting matters. This certificate will enable you to commence court proceedings.

Do I have to participate in Mediation if my ex-partner has initiated it?

No. Mediation is voluntary. We suggest that you proceed with the intake session and then decide whether to participate in the Mediation. 

We believe in Mediation as a powerful method of dispute resolution and are hopeful that we can assist you.

Do I have to come to Mediation on my own?

No. You can attend Mediation with your solicitor, if you are legally represented, or a support person of your choice. Any person who attends the Mediation will be bound by a confidentiality agreement. Just let the Mediator know what makes you most comfortable and it can be arranged. 

Do I have to be in the same room as my ex-partner?

No. Mediation can be conducted via telephone, video call or a shuttle style Mediation can be conducted. This means that each party is in a separate room and the Mediator facilitates a conversation between the parties by moving between the rooms. We encourage you to be open with the Mediator about what would make you most comfortable.

Will I get to speak to the Mediator privately?

Yes. You will speak to the Mediator in the intake session, prior to Mediation. Everything said in this session is confidential and will not be disclosed to the other party. 

You will also speak to the Mediator on your own at the Mediation. Anything said in these sessions is confidential and will not be repeated to the other party. You can request a private session with the Mediator at any time.

Do I need to get financial advice before Mediation?

No, this is entirely up to you. However, it is important that you know and understand your finances. Financial advice can assist you to consider and understand the various complexities of dividing finances, including possible tax implications, the ability to meet liabilities and re-structuring superannuation.  Such advice may also assist you as you become financially independent.