Mediation is a voluntary, confidential and flexible way for disputing parties to meet in a neutral setting, in person or online, to explore and negotiate resolutions without court. It allows each party to present their position, consider options, and retain control of the process and outcome. Unlike litigation, which is often costly, time‑consuming and adversarial, mediation can preserve relationships, reduce stress, and deliver quicker, more cost‑effective solutions.Some parties are legally required to attend mediation by a court order, under a prior agreement, or mediation may be a prerequisite to starting court proceedings.

Some parties are legally required to attend mediation by a court order or under a prior agreement, or mediation may be a prerequisite to starting court proceedings. Vanguard Mediation can invite the other party to attend mediation. A practitioner will issue an invite by email, then follow-up by email and phone. If the other party does not wish to engage in mediation, the practitioner will issue a section 60I dispute resolution certificate if you intend on filing with the court for parenting matters.

Practitioners at Vanguard Mediation can issue a section 60I dispute resolution certificate.A Section 60I family dispute resolution certificate is needed before filing almost any parenting matter with the family law court, unless an exemption applies. A section 60I certificate can be issued based on one of the following circumstances: 1) the person did not attend Family Dispute Resolution (FDR) due to the refusal or failure of the other person or people to attend.2) the person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.3) the people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.4) the people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.5) the people began FDR, but part way through the practitioner decided it was not appropriate to continue.

We appreciate it can be an overwhelming situation and understand it is important for both parties to feel as comfortable as possible during mediation.  It is important you tell us if you have any concerns about being in the same room as the other party. If you feel uncomfortable, mediation can take place as a shuttle process, where you both sit in separate rooms but in the same building. Alternatively, mediation can take place remotely via video link, so you do not see or have any contact with the other party or their lawyer. Please note, all discussions in private are confidential and will not be passed onto the other party without permission.

A Family Dispute Resolution Practitioner (FDRP) is someone who meets the requirements to conduct family dispute resolution; which is a specific form of mediation. An FDRP is not a family lawyer; instead, they are trained to assess whether dispute resolution is appropriate and to conduct the mediation process. If applicable, FDRP's can issue a Section 60I certificate.

Support persons are welcome to support parties in separate rooms, by agreement of all parties. Only the parties and their lawyers come together in the mediation room for joint sessions, unless all parties agree on other people being present. Any support persons attending the mediation are bound by the same confidentiality provisions as the parties to the mediation and the mediator.

Yes, you can bring a lawyer to mediation with you, even if the other party is unrepresented.  You are not required to have legal representation at mediation, but it is strongly recommended. Our mediators can provide information about the process but cannot give legal advice. Engaging a lawyer adds cost, yet their assistance at mediation is often well worth the investment.

We will request to see a copy of any current Protection Order.  It is still possible to mediate where there is a protection order in place, as practitioners are trained to identify when mediation will or will not be appropriate.  Where there are safety concerns, mediation can occur via the shuttle process in separate rooms and/or virtually via Microsoft Teams. Please note, if there is a Protection Order in place and you wish to file parenting matters with the court, it is not a requirement to participate in mediation.

During your intake sessions, we will ask you confidential questions about family and domestic violence before commencing mediation.  Sometimes mediation is inappropriate because of significant safety concerns and/or concerns about power imbalances.  We will not proceed with mediation sessions if it is deemed inappropriate in your circumstances.  If this happens, you may be issued with a section 60I certificate if applicable. If mediation is deemed appropriate, mediation can take place in-person via the shuttle process in separate rooms or virtually in separate rooms via video link so there is no direct interaction.

Yes, however there are exceptions to this which are discussed in the intake sessions and during mediation sessions.

If an agreement is reached during mediation, the mediator can draft an agreement for both parties to follow, but this is not legally binding. If you wish to obtain a legally binding document, we can refer each party to an independent lawyer for assistance with translating the agreement reached at mediation into a legally binding document, such as Consent Orders.