Mediation Process
STEP 2
Invitation & Intake
The practitioner will first issue an invitation to mediation to the other party on three separate occasions. If the matter proceeds, the practitioner will then undertake an intake session of approximately 1 hour with each party to assess whether mediation is suitable.
An intake session is a separate and confidential telephone conversation between each party and the practitioner.
If mediation does not proceed, a section 60I certificate may be issued.
STEP 3
Mediation Agreement
Review and sign the Mediation Agreement. The agreement must be signed by all parties before mediation can proceed.ediation Process
STEP 4
Mediation session
Mediation will take place at the agreed date and time, either as a joint mediation in one room or as a shuttle mediation in separate rooms.Â
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Mediation can take place virtually or in-person.
STEP 5
Documentation
If an agreement is reached, the terms will be documented in writing. For self-represented parties, the mediator can prepare a non-legally binding document for both parties to sign. If a lawyer is present, the lawyer will draft the agreement. The agreed terms can then be formalised into a legally binding document if required. If mediation does not proceed, or agreement is not reached, a Section 60I certificate may be issued.Â
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Legal representation
If you are legally represented, your lawyer will provide you with legal advice throughout the mediation and draft the agreement if reached.Â
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If you are not legally represented, we can refer both parties independent lawyers for legal advice and to draft any agreements reached.Â
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If you do not wish to obtain legal advice, the mediator can draft a parenting plan upon agreement however cannot provide legal advice at any point.Â