The Mediation Process

Mediation is a formal process. It involves two parties, who have a disagreement, plus an expert mediator.

The mediator’s role is to facilitate communication between the parties. The mediator is not a judge and cannot make decisions for either party. The mediator cannot give legal, financial or psychological advice. Each party is responsible for seeking whatever advice they need before the mediation and can seek further advice during the mediation, if needed.

The fee for the mediation is paid before the mediation, with each party normally paying 50%. The fee is based on the expected length of the mediation. If the mediation runs longer than expected, an extra fee may be payable and this will again normally be split equally between the parties.

If both parties agree, the parties can be accompanied by legal, accounting and business advisers or other support people

Before the mediation, the mediator will usually talk with each party (or their representative) to ensure they understand the process and to have them sign a Mediation Agreement. The mediator will also sign this agreement, which sets out each party’s obligations and the obligations of the mediator.

Family Dispute Resolution (FDR) is a specialised mediation process under Australia’s Family Law Act, designed to handle the negotiations around parenting plans and property settlements for separating or separated couples.

Areas of Mediation

Rules of Mediation

Parenting Family Dispute Resolution

Property Family Dispute Resolution

During the Mediation

About the mediator – Daan Spijer