What is Mediation?

 Mediation is a voluntary, informal and confidential meeting between people in conflict (“the parties”) and an independent Mediator. Mediation enables parties to raise and discuss issues in an attempt to come to an agreement in a safe, civil and private setting.

Section 60I of the Family Law Act (Cth) 1975 says that parties must attempt family dispute resolution (Mediation) before applying to the Court for parenting orders. Further, if parties proceed to Court for parenting or property disputes the Court will encourage or compel parties to participate in Mediation at some stage.

The Mediator assists the parties to discuss the issues in detail, hear each other’s positions, explore options, identify obstacles and attempt to come to a resolution. Unlike some Mediators, Adelaide Mcluckie has a family law background, experience in the Court and is a qualified solicitor.

Irrespective of whether you intend to commence court proceedings, Mediation is an effective method of dispute resolution, helping you to negotiate a better future.

Identify Issues

Assisted Conversation

Confidential chat with Mediator

Negotiation

Agreement/Conclusion

The process

1. Intake Session / Pre-Mediation Session (FREE of charge)

The Mediator will speak to each party individually. This conversation is private and confidential. An intake session gives you the opportunity to tell the Mediator your story and get comfortable with the Mediator.

The purpose is for the Mediator to: obtain all the relevant information, get to know the parties, assess whether the matter is suitable for Mediation, determine what type of Mediation is most appropriate and prepare the parties for Mediation.

2. If the Mediator assesses the matter as suitable, a date will be set for Mediation.

3. At Mediation, the following will occur:

  • You will each tell the Mediator what you consider the issues to be, and what you hope to achieve.
  • You will work with the Mediator to set an agenda for the Mediation, which is the list of topics to discuss in the order you wish to discuss them.
  • The Mediator will assist you to talk to each other as you explore each topic.
  • The Mediator will speak to each of you privately.
  • You will negotiate with the goal of coming to an agreement.

4. If your matter can’t be resolved at Mediation

Upon request, we can issue s60i certificates. This certificate enables you to commence legal proceedings to progress your matter through the Family Court. 

The Mediator will make suggestions and provide you with some direction as to what to do next in order to progress your matter. The Mediator can also refer you to various services, which may be of assistance. 

 

What is mediation?

The pre-mediation session