Mediation enables parties to be heard and assisted by a qualified third party to resolve disputes. Parties can attend mediation by themselves or with lawyers. Sometimes parties are in the same room or in separate rooms or they are conducted remotely via video.
There are a few different types of mediations, which we explain below:
Typical mediation: This is where the parties (and their lawyers, if elected) meet with the mediator for a few hours or an entire day, to discuss resolution of the matters in dispute. Mediators can be engaged through government funded providers or privately funded mediators.
Child inclusive mediation: This involves the typical method of mediation, with the addition of a child expert, who meets with your children prior to the day of mediation to hear their voice. The child expert then attends the mediation and informs the parties during the mediation of the important issues and wishes of the children. Children do not attend the actual mediation with their parents, and they are not asked to choose sides when they speak with the child expert. Child inclusive mediaton is offered by select government funded providers, but more commonly offered by privately funded mediators.
Court based mediation: If you are involved in Court proceedings for financial matters, parenting matters or both, there is a high chance you will be Ordered to attend Court based mediation. The mediator will be an appropriately trained Judicial Registrar of the Court and in some cases, the Court will arrange for a child expert to be a part of the mediation process. If an agreement is reached, the Judicial Registrar has the power to make a consent order that day.
Parties have an obligation, unless any exceptions apply, to try and resolve their disputes by the use of mediation before applying to the Court.
If you’re going through a separation or divorce and would like to know more about how we can make it right for you, contact us today.