Introduction
When a couple decides to divorce emotions can run high, the family situation becomes confusing, and numerous high stakes decisions need to be made. Family mediation, or family dispute resolution as it’s more formally known, is a pathway a split couple can use to resolve the myriad of issues they may be facing. Family mediation can take place in person or, as is becoming more valued, online. Our company, Resolutions Australia mediates exclusively online due to the numerous benefits this format brings.
What Is Online Family Mediation?
Online family mediation is an effective way for couples to organise parenting plans and reach a financial settlement once they have decided to divorce. Online mediation is facilitated by a qualified and registered family dispute resolution practitioner (family mediator) and is a timely, cost effective alternative to lawyer led negotiation or a Family Court hearing.
How Does an Online Family Mediation Service Work in Australia?
- Initial Consultation and Intake:
When you contact a family mediation provider such as Resolutions Australia you’ll be able to have a brief conversation about your situation as well as asking any initial questions you may have. The family mediator will explain the process and take your details and those of your former partner. The mediator contacts your ex and then individual intake sessions are scheduled. You’ll also be sent important information all about mediation and how it fits into the divorce process.
Intake is a one to one meeting where you and the mediator discuss the details of your current situation. The mediator asks lots of questions about you and the family, ideas you have around the issues and any solutions, your history together. In short the mediator wants to get to know you and how you’ve come to your current situation as well as your ideas for the future.
- Pre-Mediation Preparation
An important step where you gather any documentation required, give thought to possible solutions for the issues faced, and begin to mentally prepare yourself for the mediation session. You can contact your mediator and ask any questions you have. It’s important to make sure you organise a suitable place and space in which to mediate, make sure childcare is in place, and that you have everything to hand.
- The Virtual Mediation Session
And now to the mediation! Your mediator manages how the mediation runs and you and the other party manage the content. Your mediator facilitates discussion, documents contributions, and is continuously aware of ensuring balance and productiveness. The mediator has a professional skill set that enables them to manage conflict resolution expertly and both parties should lean into this and be supported by it.
As the ideas flow your mediator will help you to focus on creating a workable plan or agreement. They will document this live and will reality test with you.
- Reaching Agreement and Next Steps
Through testing, questioning, identifying hurdles, and considering different scenarios your family mediator will help you to reach an agreement. This will be detailed and documented. You’ll be provided once again with detail around where your agreement or plan sits in relation to your divorce as well as possible next steps regarding turning plans into consent orders and/or the impact of not actioning the plan.
The plan will be drafted up with the wording finalised and checked by the parties and then each will receive a copy for signing.
It is important to remember that at any point in the process you are free to ask questions of the family mediator. They are the experts and only too happy to help.
What Types of Disputes Can Be Resolved Through Online Mediation?
- Family and Parenting Disputes
These are the most common disputes family mediators handle. Issues addressed are often around time with each parent, when and how this will occur, and parenting responsibilities and communication. Other forms of this type of dispute can include time with extended family, living situations involving other family members, and handling special occasions or emergencies.
- Property and Financial Settlements
These types of disputes involve the division of assets and liabilities between the split couple. Importantly, they take into account the best interests of the children as the central point of focus. This means that the division of financial aspects of the relationship is usually not 50/50 as is a common misconception. The division reflects the current and future needs of any children impacted.
- Your Unique Situation
These are disputes that are less common and are usually unique to a particular split couple. At Resolutions Australia we’ve handled mediations that focused on education institution choices for the children, religious learning time commitments, safety concerns around sports and hobbies, and managing terminal illness, to mention just a few.
Family mediators are trained to be able to support parties in dispute to mediate and develop a pathway forward regardless of the issue.
Online Family Mediation vs In-Person Mediation: What’s the Difference?
There are a number of important and very positive differences between online and in-person family mediation.
At Resolutions Australia we utilise online family mediation exclusively because of these positive differences. In short, and as will be explained below, the differences are most visible in terms of cost, client confidence and safety, access, and emotional stability. We believe that online mediation is the direction the industry is increasingly moving towards and colleagues from across the profession are recognising this.
Benefits of Online Family Mediation
- Access From Anywhere in Australia:
A huge benefit of mediating online is a client’s ability to undertake this from anywhere in Australia, or the world for that matter! Remote communities, cattle stations, offshore oil rigs, FIFO sites. If you have an internet connection you can mediate. It saves the hassle of finding an in-person mediator, the attached travel and costs, and the emotional load of perhaps mediating in person a long way from home and support systems. By mediating online the playing field is levelled for those who have limited access to a family mediation service.
- Lower Costs Than In-Person or Court:
At Resolutions Australia we’re proud of the fact that we’re one of the most cost-effective private family mediation providers in Australia. At $800 per client for intake, a standard 4 hour mediation session, and documentation we’re accessible for all. Other private providers can charge thousands more.
We’re affordable because we mediate online exclusively and because we recognise our professional obligation to the community to be as accessible as possible.
Compare this then to the cost of a lawyer led negotiation or having your day in the family court. At a minimum you can expect to pay somewhere in the tens of thousands of dollars. Lawyer fees, the cost of each and every communication, filing charges, having a barrister represent you in court, expert reports from psychologists… the list is a long one and all for a decision that may not go your way.
We always advise potential clients to resolve issues as early as possible and at as low a level as possible.
- Greater Flexibility With Scheduling:
A frustration voiced by many is the limited availability of mediation providers. Timing and scheduling is usually on the provider’s terms, is often weeks or months away, and is only available during work hours. All of these factors contribute to clients feeling less in charge, more stressed, and less confident about the divorce process they’re going through.
By providing online family mediation there is significantly greater flexibility in scheduling. No travel time for clients or mediators and the ability to juggle family and work commitments ensures that at Resolutions Australia we’re able to provide mediation from 7am-9pm 5 days a week with weekend times also available.
- Reduced Emotional Intensity:
One of the real positives about online family mediation is the way in which it helps reduce heightened emotions for clients. By being at home, comfortable, surrounded by familiarity, and with coffee and food at hand clients can take a breath, feel confident and secure, and manage their way through mediation positively and assertively. This is far and away more preferable to being in a bland room on uncomfortable furniture, under fluorescent lighting, and across the table from someone you’re struggling with!
Disadvantages of Online Family Mediation
- Complex Multi-Party Disputes:
Occasionally a family mediation dispute arises where multiple parties wish to be involved. While this is possible to co-ordinate it can be a challenge and may possibly be easier to undertake in person. These situations are rare and if, for any reason, a Resolutions Australia mediator feels a dispute would be better resolved in person they will refer the clients to a more appropriate provider.
- Technology Barriers or Limited Internet Access:
Thankfully in Australia internet access is now near universal. For those in remote locations there may be issues with internet reliability. To manage this we ensure mediations are recorded accurately so we can return to them once the internet issue has been resolved.
How to Prepare for an Online Family Mediation Session
- Set Up Your Technology in Advance:
Test the tech! Make sure your internet connection is stable, check for planned outages, test your camera and microphone and use the platform to make a call or two to a friend to ensure you know how to use the application.
- Choose a Private and Quiet Space:
Crucial. Is the dog outside? Who’s looking after the kids? Is your phone turned off? Do friends and family know not to disturb you? Are you in a comfortable setting with food and drinks close by?
- Gather All Relevant Documents:
When taking part in financial/property mediation this area of preparation is essential. Knowing you need to make a full disclosure of your financial position ensure you have copies of each and every statement. Organise hard copies together in a folder, create an overview type list and send copies to your family mediator prior to the scheduled mediation session.
For any type of family mediation you should let your mediator know of any current court orders that may impact and provide them with a copy. AVO’s and the like, as well as any Family Court consent orders need to be made available, ideally at intake.
- Know Your Priorities and Non-Negotiables:
Family mediation is a discussion and collaboration around the best interests of the children. Split couples will likely have very different ideas around what this will involve. It’s important to have considered a number of possible outcomes, best and worst case scenarios, and what the other party may suggest etc.
- Get Legal Advice Before the Session:
At Resolutions Australia we always encourage clients to seek independent legal advice when choosing to divorce. As mediators we do not provide this advice. Your lawyer can outline the divorce process, what your options are, and let you know how valuable mediation is as a dispute resolution pathway.
Is Online Family Mediation Legally Valid in Australia?
Parties in a divorce are expected to attempt family mediation as part of the divorce process. Online mediation, conducted by a qualified and registered family dispute resolution practitioner (family mediator) is an effective, valid method for doing so. It is a format being increasingly used by mediators and clients alike.
Who Can Benefit From Online Family Mediation?
While all parties involved in a family dispute can benefit from taking part in online family mediation, there are a number for whom it is particularly useful. Remote communities and workers in remote locations can access mediation without the associated travel issues. This is also true for parents living a substantial distance apart, including offshore. Many find online family mediation beneficial for the lowered emotional toll it takes when compared to in person family mediation.
At Resolutions Australia we’re very proud of the online model of family mediation we utilise that provides benefit to each and every client and their unique needs.
How Could You Summarise Online Family Mediation?
The benefits of online family mediation are many, varied, and nuanced. It is a responsive, supportive mediation methodology with proven results. All who engage with it do so safe in the knowledge that they can use its strengths to help them feel safer, more confident, and more grounded when planning for the future.
Frequently Asked Questions
How does online mediation work?
We use either Microsoft Teams or Zoom to engage with clients. These platforms can be used for standard or shuttle mediation.
How can you do face-to-face mediation online?
Essentially both parties and the family mediator are in an online meeting. We can see and hear each other. This can be altered if undertaking shuttle mediation or entering into a private session with the mediator. Your family mediator manages all this.
Is online as successful as doing mediation in person?
In our experience it most certainly is. Our clients can identify the benefits of online mediation and they use these proactively and purposefully. At Resolutions Australia we’ve been very pleased to see how well online mediation has been utilised so successfully.
Is online mediation safe?
Absolutely. Using established platforms and layers of security each and every mediation session is safe, private, and confidential.
How much does online mediation cost?
Most private family mediation providers charge well into the thousands of dollars. At Resolutions Australia we charge $800 per client. We’re one of the lowest cost private providers in Australia and very proud of it.
