What does a family law Mediation really look like?
What is Mediation?
Mediation is a form of dispute resolution which facilitates negotiations between two parties, through an independent third party (known as the Mediator). Mediation is an attempt to resolve the dispute, prior to taking the matter to Court.
Meditations look different for each matter, and they are not always successful, however mediation can be an extremely productive process when both parties engage meaningfully and are open to resolving the dispute amicably.
Genuine attempt to resolve dispute
In accordance with the pre-action procedures set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, prospective parties to a proceeding must make a genuine effort to resolve the dispute outside of Court, by participating in dispute resolution.
Four step process
In preparation for meditation, your solicitor and the other party’s solicitor will follow the four-step process as set out in the Family Law Act 1975 (Cth) (“FLA”). We have detailed this process in our previous article: My spouse didn’t work throughout our whole relationship. Why should they be entitled to anything?
Once we have considered the four-step process, we will prepare the position paper for mediation. The position paper outlines the outcome that we are seeking and the reasoning behind our position. It is exchanged with the other party’s solicitor and the mediator shortly before mediation and will be discussed with you privately at mediation.
Mediation Day
On the day of mediation, you and your legal team will be allocated a break-out room and the other party, and their legal team will have their own break-out room – this is known as shuttle mediation. Where appropriate, some mediations may involve a joint session with the parties and their legal representatives, however in instances where domestic violence has occurred, the mediation may take place via AVL.
The mediator will speak to each party in their separate rooms. These conversations are confidential, and the mediator cannot relay anything that is said in either room to the other party. The solicitors will usually have a joint session with the mediator in a separate room to narrow any issues that have arisen down so that the asset pool is crystallised, and the parties can begin making offers.
Throughout the day, offers are exchanged between the parties, reflecting each of the parties preferred outcome and a position that aligns with the range of outcomes the Court is likely to order.
The focus of the mediation is less on the parties’ respective contributions – which often form the majority of the preparation – and more on exploring practical, commercial solutions. This can be frustrating for clients, who invest significant time preparing detailed material that is rarely addressed on the day. Instead, mediation encourages the parties to consider their options pragmatically and work towards the best achievable outcome without court intervention.
How we can help
The family law team at Streeterlaw have extensive experience advocating for their clients at family law mediations. Please contact us on (02) 8197 0105 or by email at contact@streeterlaw.com.au to discuss how we can help you with your family law matter or answer any questions about family law mediations.
