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.
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.
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.
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.
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.
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.