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Next Steps

Teenagers Cleaning Up the Beach

  1. Call or email ISDR and ask to speak with a mediator
    One of our mediators will explain the mediation process to you and you can ask any questions you may have. If you would like to proceed with mediation, we can then discuss the best way to invite the other party (e.g. your ex-partner) to participate in mediation.

  2. Pre-mediation appointment with a mediator (1.5 - 2 hours). 
    One of our mediators will meet with each of you separately. The purpose of this meeting is to clarify what you would like to discuss in mediation and to explain in detail how the mediation works. This meeting also provides the mediators with an opportunity to assess whether or not it is a case that is suitable for mediation and it provides you with an opportunity to assess whether you are comfortable to proceed with mediation with the ISDR mediators.

  3. Joint Mediation Sessions
    Whether provided in room, online or by a shuttle process, the Mediator will assist you to find a pathway to resolution.  This can often take more than one session.  The mediator will work with you for as long as it takes.

  4. Write up of Agreements
    At the conclusion of each session your mediator will write up the agreements reached and a proposed agenda for any future session.  The agreements are draft and may need a rethink or correction.

Legal Advice  

It is important to speak with a family law specialist about the issues that you would like to discuss in mediation. It is worth asking the following questions: 

  • What is the range of possible outcomes if you were to take this matter to court?

  • What is the most likely outcome?

  • How long is it likely to take to get a judgment and court orders, if you were to take this to court?

  • How much would the entire legal process cost? This information will help you to make informed decisions during the mediation.

Counselling Support  

Separation is not easy for anyone.  ISDR strongly supports parents accessing their own trusted counsel. Sometimes the process of separation while trying trying to remain the best parents you can be, is really hard.  We can provide a list of great counsellors who can help.

WHAT IF ONLY ONE PARENT WANTS TO MEDIATE?

 Participation in Family Dispute Resolution (mediation) is voluntary. This means

 that you can choose not to participate or to withdraw from the process at any    point. It is always important to seek professional legal advice before deciding not  to participate in mediation. In most cases, parties who wish to initiate legal  proceedings, in the Federal Magistrates Court of the Family Court of Australia, are  required to file a Section 60I certificate with their application. The ISDR mediators  are registered Family Dispute Resolution Practitioners (FDRPs) and are therefore  able to issue Section 60I certificates. 

 So, if either parent decides that they want to take their case to court, they can request a S60I certificate 

​ All of this can seem quite confusing when you’re in the middle of a stressful  situation. So, please don’t hesitate to give us a call if you want to understand this  better. 

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