I am a nationally accredited Family Law mediator with over 30 years’ experience in the Family Court. I am a nationally accredited mediator with the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). I assist parties to reach agreement in relation to parenting and property disputes without the need to go to Court saving time and money as well as minimising stress.
I as the mediator (or chair) assist you and the
person you are in dispute with
(with the assistance of your lawyers) to
negotiate a mutually satisfactory resolution
of your dispute without the need for court
proceedings.
Mediation offers a safe and secure environment
in which to take negotiations to
the next level by introducing a mediator who facilitates
discussions to explore
the issues and concerns of the parties and
helps them to a identify options to
resolve the dispute.
I have the advantage of hearing confidentially
from both parties to understand
whether parties might prepared to go in their
negotiations to get the matter
settled. I often see where parties have common
interest in getting the matter
settled which might never come out through a
"party to party" negotiation,
With this knowledge, I can guide the parties
towards resolution without giving
away their negotiation positions.
Two
of the essential elements of mediation are neutrality and confidentiality of
the process:
(a) Neutrality
The
confidence of the participants in the objectivity of the appointed mediator is
essential to the prospects of success of the process itself.
(b) Confidentiality
An
essential part of productive negotiations is the willingness and the capacities
of parties to discuss and identify issues frankly, to make concessions and to
compromise were appropriate. The prospect of them doing so would be seriously
undermined if such concessions and proposals could subsequently be used in
Court.
The
first step is an intake (or pre-mediation) session. Preferably a few weeks prior to the actual
mediation.
I
will meet with each party and their lawyer separately prior to the mediation (
zoom conferences are available). . These
sessions are important as they assist me in understanding what each party
considers important and why negotiations may not have been successful to date.
Parties
can feel intimidated in a joint session because of the presence of the other
party and/or their lawyer. The first-up separate intake session is a better way
for me to get to know each party and what they seek out of the mediation.
It
allows the parties to ask questions about the process itself. Each party may
discuss matters with the mediator in the intake session which remain confidential
from the other party and their lawyer.
Generally
the parties, their lawyers and the mediator conduct the mediation in joint
session with the parties having the opportunity of identifying issues,
exploring options and discussing settlement. The advantage of the joint
sessions is that the process is very transparent as everyone is there. Also
matters can be discussed immediately as they arise and it normally allows for a
greater exploration of issues. Parties also normally have breaks and separate
sessions to discuss matters with their lawyer alone and with their lawyer and
the mediator is part of this process.
I
sometimes conduct mediation by separate sessions (sometimes referred to as
shuttle mediation). These are normally conducted where there are allegations of
family violence, intimidation or unequal bargaining power.
In
all types of mediation, I will seek to
have each party through their lawyers continue to make concessions from their
position conditional on knowing that the other party will do the same.-In other
words the mediation is a two-way street in which both parties contribute towards a resolution.
Often the matter simply proceeds through
negotiation, by offer and counter-offer. In a non-confronting way, each of the
parties is encouraged to come up with possible ways to resolve each issue. An
agreement is pieced together like a jig-saw puzzle.
If
agreement is reached the parties will be expected to sign either a Heads of
Agreement document or in the case of pending court matters, final consent
orders or other documents that make the mediation agreement binding.
Until
that is done nothing said during the mediation conference is binding.
In
some cases this cannot occur at the mediation conference due to the need to
take further steps or sign further documents to make the mediated “agreement”
binding.
I
charge fixed rates for “half day” or “full day” mediations and then an hourly
rate for matters that go past normal finishing times (usually 1PM or 5 PM). An
estimate of costs will be provided before commencing the mediation and be part
of the Cost Agreement signed by all parties.
A sample cost agreement can be downloaded from this website.
