Mediation is a process of dispute resolution which encourages the parties in a dispute to isolate the issues, to develop possible settlement options, and to negotiate a resolution which is acceptable to them. Instead of having a judge, magistrate or arbitrator impose a decision, an impartial person, the mediator, facilitates the process and, if the dispute is resolved to the parties’ satisfaction, the mediator helps the parties to set out their resolution in the form of a written agreement called “Consent Orders” which can then become legally enforceable. In Mediation the parties never hand over the power to make decisions to anyone else, they are in charge of the decisions they make unlike Court where the judge makes the decision. The mediator cannot make or impose decisions on the parties. Settlement occurs only if the parties agree.

Although both Mediation and “without prejudice” settlement negotiations are ways of resolving legal disputes, Mediation differs from “without prejudice” settlement discussions in the following ways:

• Mediation provides a way for parties to resolve their disputes by focussing on their interests and concerns. On the other hand, “without prejudice” settlement negotiations are concerned with reaching a compromise based on legal rights and obligations.
• Mediation requires the parties to meet face-to-face rather than leaving them to communicate via their legal representatives. This allows all areas of concern to the parties to be dealt with and helps keep the problem in the control of the parties.
• Independent mediators help the parties to identify precisely what the issues are between them and encourage them to resolve these. Having an impartial person taking part in the dispute.

• Mediation is cheaper than going to Court and time effective.
• Mediation information is privileged
• Mediation provides an opportunity for the parties to preserve or resurrect their relationship 
• Mediation provides a means of dispute resolution which is additional to going to court 
• Mediation helps people resolve matters quicker than Family Court
• Mediation is voluntary and flexible in terms of timelines
• Mediation is private and confidential 

Mediation is voluntary. If you wish to mediate and the other party does not, then Mediation cannot occur. Your only choices then may be to walk away or start court proceedings.

It depends on who the Mediator is and their experience. Usually, the cost of Mediation is paid for by both parties unless there is an agreement that one of them pays the entire fee. Most mediators require funds in trust before Mediation can take place. The fee can range depending on length of Mediation, say half or full day. Compared to Court cases, Mediation costs are cheaper.

Should the parties come to an agreement, the mediator may assist in drafting a legally enforceable agreement reflecting the solution.

What you can Mediate about things like:

• Parenting Plans
• Parenting Orders
• Issues of Parenting responsibility
• Variations to Court Orders
• Spousal Support and Maintenance
• Superannuation Splitting
• Financial Separation and settlement
• Marriage or Prenuptial Agreements
• Binding Financial Agreements of BFA’s
• Interstate or International Relocation

Marriage or prenuptial agreements protect your assets and help you and your spouse avoid litigation should your marriage or common law relationship dissolve. We can assist you and your spouse in negotiating equitable terms regarding division of property, allocation of debts, spousal support, child support, child custody. But be careful not to enter into unfair BFA’s which the Court may have to set aside if there is a challenge.

You can also enter into interim Financial or Parenting agreements or both that allow you to move on with your life without worrying about how long your divorce will take. You can do it by way of Consent Orders or BFA’s. BFA’s are not for everyone. You and your spouse must be highly motivated to go your separate ways and reach an amicable solution. The agreement establishes temporary terms pertaining to child custody, child support, spousal support, property division, debt obligations and other marital separation.

Our Perth Family and asset division Lawyers can also help you uphold or challenge the terms of an existing agreement as well.

If Mediation is right for you, our Perth Family lawyers can develop a strategy for negotiating the best settlement possible. We also know and work with some of the best mediators in town so you will be you will be in good hands and well looked after. Mediators do what is called “intake assessment” to get a feel of the case and to prepare clients for the task ahead. This can be quite helpful in calming anxieties and worries about the process of seeing your ex.