Mediation – Why Use It?

Mediation – Why Use It?

Mediation works best when the people in conflict with each other still want to cooperate in finding a solution, when they value goodwill more than coming out a winner and when they want to move on rather than prolong a conflict.  It is usually more cost effective and quicker than other means of reaching agreement.

Key points are:

• You help to create the solution and therefore want it to work
• You save money by not litigating
• You achieve resolution faster than by going to court
• You maintain the privacy and dignity of your relationships
• Where children are the focus, you act in their best interests

Is Mediation Suitable for You?

Because mediation is a process that relies on cooperation and serving the best interests of those involved, it works for many people and is used extensively in:

• Parenting arrangements and the creation of Parenting Plans that can form the basis for an application for a Consent Order, if you want one
• Property and financial settlements, which can results in a Mediated Property Settlement  document that can also form the basis of an application for Consent Orders, which is highly recommended, with legal advice
• Private child support agreements
• Grandparent and extended family conflicts

• Commercial disputes
• Workplace disputes

How does Mediation Work?

Mediators provide a dynamic process and rely on you to deliver all the necessary factual information, backed up by documentation where necessary.

To establish whether mediation is viable for your conflict, Rosalin meets with each party to the dispute privately and confidentially.  The safety and suitability of mediation is assessed and coaching provided to help each party prepare for the cooperative process to follow.

You may be given homework tasks to do, gathering information such as valuations, options for child care or schooling, alternatives for care of children – and you will be encouraged to think of new ways to resolve problems that take into account the needs of all the people involved.

You may have one joint session with the mediator or several, depending on the needs of the people involved.  At the first session, you will be asked what sort of things you are both willing to negotiate and what’s most important to each of you.

At times throughout your work together, Rosalin may ask for opportunities to speak with each of you alone again, privately and confidentially.  This helps the mediation to stay on track and feeling safe enough for each person to continue.

Where do solicitors come in?

Mediators don’t provide legal advice but realise that each of you having sound legal advice before and during mediation can really help you to reach agreement.  With legal advice, you can be more confident that agreeing to a certain division of property, for instance, is realistic and not exploitative.

Remember that mediators don’t provide you with suggestions about what would be a reasonable settlement.  Your lawyer might give you a range to work with, for instance that you might seek between 50% and 60% of a property settlement.  Make sure you also understand why your lawyer suggests that percentage split in your favour (or the other person’s favour), so that you can share that at mediation.

What Does it Cost?

Private mediation costs $180 per hour for your individual preparation sessions and $180 per hour for joint sessions.  One or two preparatory sessions for each client is usually enough.  Joint mediation sessions are usually for two to three hours and you may need several if you are mediating your way through a number of issues.

For instance, separating parents may need to create an initial short term agreement and later a longer term Parenting Plan.  They may then need a session or more to mediate a property and financial settlement document that their lawyers can use as a basis for an application to the Court for Consent Orders, or for a binding property financial agreement (BFA).

As you can see, mediation is much more cost effective than using separate legal representatives to work out a settlement, or taking action in a Court.

Ask your lawyer for an estimate of costs and time it will take to pursue a settlement through a Court.  Most lawyers will be able to give you a range of costs, depending on how litigious your matter becomes.  We have all heard stories from friends about litigation that has cost anywhere from $30,000 for a day in court to a cost blowout of hundreds of thousands of dollars for a prolonged war, so there is no precise answer to that question.

Isn’t there a Better Way?

Where there are deeply held resentments and high conflict, there may still be a better way – a hybrid process called Collaborative Law.  Rosalin is part of a Collaborative Network that offers you a team approach.  Each of you works with a lawyer who is committed to keeping the dispute out of the court so that you can reach your own settlement despite the distress you might be currently feeling.

In this model, the two lawyers work together with psychologists such as Rosalin and others, with your accountant or a financial advisor and any other professionals who can bring to the table the expertise to support your determination to settle.

What about Privacy?

All information you provide is confidential to the process.  Confidentiality will only be waived if issues of a serious or criminal nature arise, for instance if someone’s safety is at risk.  There is no statutory requirement for mediation files to be kept for a period of years, so they are held for a short time by the practice and you then have the only copies left of any documents created in the process. If the practice receives a subpoena from a Court and still has those files on record, the practice must comply with the subpoena and it would then be at the discretion of the judge whether they were admissible in a Court.

What is a Certificate in Family Law Matters?

A Certificate 60i is issued by an accredited Family Dispute Resolution Practitioner if you have tried mediation of a Parenting matter and request a certificate to prove that you have.

Rosalin is accredited to provide certificates showing that one of these applies:

• In her opinion, the dispute is inappropriate for mediation
• One or other of you declined to mediate or did not attend
• Mediation took place and each parent made a genuine effort to resolve issues
• Mediation took place and one or other did not make a genuine effort
• Mediation began but I formed the opinion that it had become inappropriate to continue

Certificates cannot be issued where one parent was uncontactable.

Rosalin can be contacted on 0424 002 640.  After hours and weekend appointments can be arranged if necessary.

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Psychology, Counselling & Mediation Sunshine Coast Ph 0424 002 640

  Rosalin Primrose Horse Therapy
Rosalin Primrose Psychology Services

Rosalin Primrose

MA , Reg Psych, (FDRP)
  • Medicare Provider No: 4197097T
  • Counselling Psychology Reg No: PSY 0000976237
  • Nationally Accredited Mediator & Family Dispute Resolution Practitioner (FDRP)
‘Ocean Central’
Suite 18, Level 4
 
2 Ocean Street
MAROOCHYDORE Q 4558
RosalinPrimrose@gmail.com

Weekend & telephone appointments available by request

Ph: 0424 002 640

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