Frequently Asked Questions
Where are you located?
We primarily provide services to people living and working in the Eastern Suburbs of Sydney, with rooms conveniently located in Edgecliff and Bondi Junction, close to public transport and train stations. We often run our mediation sessions out of Edgecliff Serviced Offices at 203 New South Head Road, Edgecliff. We are also available to meet with you in Sydney CBD or wherever is convenient for you. Please let us know where would be good for us to meet with you and we will do our best to accommodate your needs.
Map of where to find our Edgecliff offices below - 203 New South Head Road. It is a 1 minute walk from Edgecliff train station and there is secure underground parking, with 2 hours free, via New McLean Street.
We primarily provide services to people living and working in the Eastern Suburbs of Sydney, with rooms conveniently located in Edgecliff and Bondi Junction, close to public transport and train stations. We often run our mediation sessions out of Edgecliff Serviced Offices at 203 New South Head Road, Edgecliff. We are also available to meet with you in Sydney CBD or wherever is convenient for you. Please let us know where would be good for us to meet with you and we will do our best to accommodate your needs.
Map of where to find our Edgecliff offices below - 203 New South Head Road. It is a 1 minute walk from Edgecliff train station and there is secure underground parking, with 2 hours free, via New McLean Street.
Are your mediators accredited?
Our mediators and Family Dispute Resolution Practitioners (FDRP) are both accredited under the national mediator standards (NMAS) and registered with the Attorney General’s Department. As FDRPs, we are able to issue certificates under Section 60I of the Family Law Act 1975. Our mediators are also members of LEADR and/or the Institute of Specialist Dispute Resolution (ISDR).
What types of mediation services do you provide?
Our areas of practice include:
How long does the mediation go for?
Generally the mediation will take 3 hours. If you require more time, the mediator will usually suggest you reschedule for a different day, as it can be too tiring to stay in the mediation for more than 3 hours in one sitting. You may come to agreement/s in one session, or the mediation may take place over several sessions, if determined to be necessary by the mediator and agreed to by both parties.
How many mediation sessions will I need?
There is no hard and fast rule here. Sometimes the parties can come to agreements in one session. Other times the mediation may take place over several sessions, if determined to be necessary by the mediator and agreed to by the parties. It is also possible for the parties to come to interim agreements (for the short term) and then come back for further mediation sessions.
Is mediation confidential?
The contents of the mediation or FDR session, and all related materials and communications made in or between sessions, are confidential. Evidence of anything said in mediation cannot be brought as evidence in court. This means that offers made in mediation are inadmissible in court. Confidentiality extends to any other professional the party is referred to by the mediator, such as a counselor, lawyer etc.
The exceptions to confidentiality are if it is necessary to comply with a law, protect a child from risk of harm or abuse, prevent or lessen serious threat to the life or health of a person, prevent a threat of violence to a person or their property, or to assist an independent children’s lawyer.
Is mediation voluntary?
Yes and no – you do not have to attend mediation, even if the other party has requested you do.
In family mediation (FDR) the law requires all applicants to the Family Court for parenting orders to have made a ‘genuine effort’ to resolve the issues at mediation before applying to the court. If the other parent has requested mediation and you do not wish to participate, that parent can request their mediator provide them with a Section 60(I) certificate, which allows them to go to court. This certificate is a way of letting the court know that the parties have attempted to resolve their issues outside the court setting, but this was unsuccessful or unsuitable.
In circumstances where a party has not made a genuine effort to resolve the issues at mediation, the court can make an order to award costs against that party. You should talk to your lawyer about the consequences of not attempting mediation.
If you do commence mediation, either party has the right to stop the mediation temporarily or permanently, at any time. This means, any party can seek to adjourn or withdraw from the process at any time. A party can also elect to not answer a particular question/s. The mediator may also conclude the process at any time, if in their opinion it is no longer appropriate.
Is the mediator fair and neutral?
Yes, the mediator is neutral and has no interest in the dispute or prior dealings with the parties. If in the course of the mediation, the mediator becomes aware of any circumstances that might reasonably be considered to affect the mediator’s capacity to act impartially, the mediator will inform the parties of those circumstances. The mediator will only continue to act if the parties agree to it.
The role of the mediator is to facilitate a conversation between the parties, not to advocate, judge or counsel the parties. The mediator will not give advice or make decisions for the parties. The mediator helps the parties to identify issues, reduce obstacles to communication, explore options and assists them to reach voluntary and mutually agreeable resolutions.
Do I need to see a lawyer first?
All parties should have independent legal advice. You can do this before seeing the mediator for the first time, or after your first session. It is highly recommended you get legal advice before the mediation commences. We can give you some recommendations or referrals if you do not have your own lawyer.
You should ask your lawyer the following questions:
Can I bring my lawyer or accountant or another expert to the mediation?
Independent, or expert, advice may be useful in assisting the parties to find a resolution. Either party, or the mediator, may request their involvement in the process. For example, Child Practitioners, financial advisers, accountants, lawyers etc. These external people do not have a voice at the mediation table. Your mediator will discuss this with you at your initial meeting.
If you want to have a legally assisted mediation, this means that both parties bring their lawyer to the mediation. You will need to factor in the legal fees that you will have to pay in addition to the mediator’s costs. There are various ways to include the lawyers in the mediation, without having them present in the room. You can also always request a break in the mediation to seek legal advice. Your mediator can discuss this with you at your initial meeting.
What if there is a chance we might reconcile?
You can still attend mediation if you think you and the other parent may reconcile in the future. The mediation agreements or a Parenting Plan are not binding and can be changed at any time. This is the major benefit of going through mediation as opposed to getting orders from the court. You can come to mediation to make arrangements for the children for now, and of course if your situation changes you can make the appropriate changes.
The Family Law Act asks all mediators to give parties information about reconciliation, if there is a reasonable possibility of one. You should discuss with your mediator if you think there is a possibility of you and your partner reconciling. You may also consider discussing this with a family counselor.
What do you charge?
We charge $200 + GST per person per hour. This includes the mediation and any pre-mediation intake sessions. We do not charge you for any email or phone correspondence, and provide no extra charge for drafting any agreements reached.
What if I wish to make a complaint about the mediation?
Our mediators aim to resolve all the issues in dispute and do so in a professional and compassionate way. In the rare circumstances that a person wishes to raise concerns about the mediation services, they can use the complaints mechanism through LEADR. You can contact them on (02) 9251 3366.
Our mediators and Family Dispute Resolution Practitioners (FDRP) are both accredited under the national mediator standards (NMAS) and registered with the Attorney General’s Department. As FDRPs, we are able to issue certificates under Section 60I of the Family Law Act 1975. Our mediators are also members of LEADR and/or the Institute of Specialist Dispute Resolution (ISDR).
What types of mediation services do you provide?
Our areas of practice include:
- Family Dispute Resolution – parenting issues and property law
- Wills and Estate
- Workplace and Employment issues
- Commercial and business issues
- Criminal Law mediation
- Community and neighbourhood disputes
How long does the mediation go for?
Generally the mediation will take 3 hours. If you require more time, the mediator will usually suggest you reschedule for a different day, as it can be too tiring to stay in the mediation for more than 3 hours in one sitting. You may come to agreement/s in one session, or the mediation may take place over several sessions, if determined to be necessary by the mediator and agreed to by both parties.
How many mediation sessions will I need?
There is no hard and fast rule here. Sometimes the parties can come to agreements in one session. Other times the mediation may take place over several sessions, if determined to be necessary by the mediator and agreed to by the parties. It is also possible for the parties to come to interim agreements (for the short term) and then come back for further mediation sessions.
Is mediation confidential?
The contents of the mediation or FDR session, and all related materials and communications made in or between sessions, are confidential. Evidence of anything said in mediation cannot be brought as evidence in court. This means that offers made in mediation are inadmissible in court. Confidentiality extends to any other professional the party is referred to by the mediator, such as a counselor, lawyer etc.
The exceptions to confidentiality are if it is necessary to comply with a law, protect a child from risk of harm or abuse, prevent or lessen serious threat to the life or health of a person, prevent a threat of violence to a person or their property, or to assist an independent children’s lawyer.
Is mediation voluntary?
Yes and no – you do not have to attend mediation, even if the other party has requested you do.
In family mediation (FDR) the law requires all applicants to the Family Court for parenting orders to have made a ‘genuine effort’ to resolve the issues at mediation before applying to the court. If the other parent has requested mediation and you do not wish to participate, that parent can request their mediator provide them with a Section 60(I) certificate, which allows them to go to court. This certificate is a way of letting the court know that the parties have attempted to resolve their issues outside the court setting, but this was unsuccessful or unsuitable.
In circumstances where a party has not made a genuine effort to resolve the issues at mediation, the court can make an order to award costs against that party. You should talk to your lawyer about the consequences of not attempting mediation.
If you do commence mediation, either party has the right to stop the mediation temporarily or permanently, at any time. This means, any party can seek to adjourn or withdraw from the process at any time. A party can also elect to not answer a particular question/s. The mediator may also conclude the process at any time, if in their opinion it is no longer appropriate.
Is the mediator fair and neutral?
Yes, the mediator is neutral and has no interest in the dispute or prior dealings with the parties. If in the course of the mediation, the mediator becomes aware of any circumstances that might reasonably be considered to affect the mediator’s capacity to act impartially, the mediator will inform the parties of those circumstances. The mediator will only continue to act if the parties agree to it.
The role of the mediator is to facilitate a conversation between the parties, not to advocate, judge or counsel the parties. The mediator will not give advice or make decisions for the parties. The mediator helps the parties to identify issues, reduce obstacles to communication, explore options and assists them to reach voluntary and mutually agreeable resolutions.
Do I need to see a lawyer first?
All parties should have independent legal advice. You can do this before seeing the mediator for the first time, or after your first session. It is highly recommended you get legal advice before the mediation commences. We can give you some recommendations or referrals if you do not have your own lawyer.
You should ask your lawyer the following questions:
- What are my prospects of success?
- How long will it take if I go to court?
- What will it cost me in legal fees to go to court?
- If it is a family law case, do I need to see a mediator first, before I can go to court?
Can I bring my lawyer or accountant or another expert to the mediation?
Independent, or expert, advice may be useful in assisting the parties to find a resolution. Either party, or the mediator, may request their involvement in the process. For example, Child Practitioners, financial advisers, accountants, lawyers etc. These external people do not have a voice at the mediation table. Your mediator will discuss this with you at your initial meeting.
If you want to have a legally assisted mediation, this means that both parties bring their lawyer to the mediation. You will need to factor in the legal fees that you will have to pay in addition to the mediator’s costs. There are various ways to include the lawyers in the mediation, without having them present in the room. You can also always request a break in the mediation to seek legal advice. Your mediator can discuss this with you at your initial meeting.
What if there is a chance we might reconcile?
You can still attend mediation if you think you and the other parent may reconcile in the future. The mediation agreements or a Parenting Plan are not binding and can be changed at any time. This is the major benefit of going through mediation as opposed to getting orders from the court. You can come to mediation to make arrangements for the children for now, and of course if your situation changes you can make the appropriate changes.
The Family Law Act asks all mediators to give parties information about reconciliation, if there is a reasonable possibility of one. You should discuss with your mediator if you think there is a possibility of you and your partner reconciling. You may also consider discussing this with a family counselor.
What do you charge?
We charge $200 + GST per person per hour. This includes the mediation and any pre-mediation intake sessions. We do not charge you for any email or phone correspondence, and provide no extra charge for drafting any agreements reached.
What if I wish to make a complaint about the mediation?
Our mediators aim to resolve all the issues in dispute and do so in a professional and compassionate way. In the rare circumstances that a person wishes to raise concerns about the mediation services, they can use the complaints mechanism through LEADR. You can contact them on (02) 9251 3366.
