Introduction
When it comes to navigating the challenges of divorce there are a number of factors to consider. With an attempt at mediation generally expected by the Family Court it’s important that the divorcing couple have a clear understanding of the process and costs.
What Is Parenting Mediation?
Parenting mediation, or family dispute resolution as it’s more formally known, is an opportunity for the couple in conflict to resolve their issues without the use of lawyers or the court. It is a simple, collaborative process framed around the best interests of any children impacted and is significantly cheaper and less stressful than entering the legal process to resolve issues and create a new normal for the split family.
Is Parenting Mediation Compulsory in Australia?
Strictly speaking family mediation (another commonly used term) isn’t compulsory. In saying this the Family Court expects parties to attempt to mediate before appearing in court i.e the court is a point of last resort and mediation helps to avoid needing to utilise it.
If family violence has been an issue then family mediation usually won’t be expected.
If a party refuses to attend mediation the family mediator (family dispute resolution practitioner) will issue the willing party with a section 60i certificate which can be presented at any future court hearing and will likely be looked on favourably by the judge or magistrate when deciding costs.
How Does the Parenting Mediation Process Work?
Step 1: First contact and inviting the other parent
Mediation begins from the first contact with a client. Be it a phone call or email your mediator will seek a broad outline of your situation and make a decision about whether family mediation is right for you. Following this an invitation will be sent to the other party and a suitable time for individual intake sessions will be decided. At this point the mediator will send out some general information about mediation as well as answering any questions either party has about the process.
Step 2: Individual intake sessions
This part of the process is an interesting one. The family mediator will seek lots of details from you about how you’ve arrived in your current situation. They will ask about the children and their needs, and they will get you to do some thinking about what issues you’re in conflict about. Your mediator will answer any questions you have, outline how a mediation session runs, and provide you with information to take away and consider. This will likely include your thoughts on possible ways forward, best and worst case scenarios, and areas of negotiation. Whatever is said in intake between you and the mediator is strictly confidential.
Step 3: Pre-mediation preparation
Following intake it’s important to spend time reading through the information your mediator has shared. This will help you better understand how the mediation session is framed, communication and behaviour expectations, and the roles both parties and the mediator have.
This preparation time is also useful for mentally preparing yourself and organising to ensure you’re fully engaged in the mediation without distractions.
Step 4: The mediation session
Within the family mediation session you and the other party manage the content discussed and the mediator manages how the process proceeds. In short you will be reminded of expectations, will be invited to share concerns, will agree on which issues are to be discussed, and will negotiate around and through the concerns raised.
Your mediator is constantly monitoring potential power imbalances, communication techniques, and the wellbeing of both parties.
As discussion moves forward and progress is made the mediator will be taking and displaying notes, ideas, and pathways that emerge.
Your mediator will support reality testing proposals, seek detail, help you identify stumbling blocks and barriers and use their skills to ensure that emerging plans are workable and serve the best interests of the children.
All of the notes, details, proposals, and areas of agreement form the basis of the emerging plan. This happens during the mediation.
Step 5: Reaching a parenting plan or Section 60I certificate
As the mediation progresses a plan is likely to begin to emerge. It is hoped that by the end of the family mediation session the plan has taken shape and is ready to be drawn up and distributed for signing and putting into action.
Occasionally a plan or agreement doesn’t get reached. If this is the case then your family mediator will write up into a plan anything that has been agreed upon. Issues still to be resolved can be addressed at a subsequent session or participants may wish to discuss a different pathway forward with their lawyer.
If a plan simply cannot be reached then your mediator will provide both parties with a section 60I certificate that acknowledges this and the efforts made. This certificate can then be passed on to your lawyer and form the basis of an application for a Family Court hearing.
How Much Does Parenting Mediation Cost in Australia?
At government subsidised, not-for-profit mediation providers the costs are nominal. They usually charge between $30 and $60 an hour per client. Sounds appealing until you examine the limitations clients face. Many in the not-for-profit sector schedule mediation for just 2-3 hours. Hardly enough time to reach a purposeful agreement! In this time frame the pressure is on and the approach may be very generic and not take your individual circumstances into account. Couple this with having to deal with a receptionist in the first instance, an intake staff member and a mediator who may have just picked up your file a few minutes before the start time and you’re in a situation that is simply a long way removed from ideal practice.
At Resolutions Australia we offer intake, a standard 4 hour mediation, and the drafting and distributing of agreements for a flat fee of $800 per client. This is extremely competitive when compared to other similar providers. Most private family mediation providers charge between $2000 and $6000 per couple for a full mediation package.
To pursue a family court case with a first call hearing, full hearing, possible appeals, and seeking changes to orders is going to potentially cost into the tens of thousands of dollars. Lawyers, submitting legal documentation, advising a barrister, hiring experts such as psychologists or organising a children’s report, travel and possibly accommodation expenses, time away from work, the hearing dragging into a second day… it adds up almost exponentially!
At Resolutions Australia we all too often engage with clients who wished they’d prioritised mediation more highly. We’ve heard far too many anecdotes about people spending all their money on legal costs and literally having nothing left to argue over.
What Happens If a Parent Refuses Mediation?
If one party refuses to attend mediation then the family mediator will usually provide the willing party with a section 60i certificate indicating this. The certificate can be presented to the court if matters get that far and the court may well apply costs against the party who refused.
Who Can Attend Parenting Mediation?
If the parties to a mediation agree then others may attend. At Resolutions Australia we’ve undertaken family mediations where the parties have their lawyers present. Also, extended family wishing to share their views, support people, and psychologist or family report writers sharing their findings. We always say that an informed mediation is more likely to be a successful mediation as both parties have a deeper understanding of the needs of the children impacted.
When Is Parenting Mediation Not Suitable?
The most significant reason for parenting mediation not to proceed is evidence of family violence. Family violence contributes to an imbalance of power and as such means that mediation shouldn’t be attempted. There are occasions when, after lengthy discussion with both parties separately, mediation can proceed despite evidence of family violence. These are rare.
Mediation may not be suitable for clients impacted by drug or alcohol addiction. The client may not be under the influence however the addiction or cravings may have a profound impact on their ability to make wise, informed decisions. Another instance where mediating isn’t suitable is when significant health issues may be present. If a client has had a stroke or brain injury, a recent major operation, or been informed of a terminal condition then the likelihood of a successful mediation is greatly diminished. Lastly, if a client appears to not be acting in good faith then the family mediator may well decide not to proceed. This happens occasionally whereby a client feels that mediation is simply a step to take before the ‘proper’ decision making happens in court or via lawyer-led negotiation.
Tips to Prepare for Parenting Mediation
The best way to prepare for parenting mediation is to look within and consider what you need to do to ensure the process works effectively for you.
Recognise the emotions that may be involved, what you find triggering and how to maintain your composure, what you feel the best interests of the children are (and why) and possible scenarios and ideas to put to the other party.
At Resolutions Australia we suggest clients frame mediation as a business meeting and act accordingly. Leave egos and baggage at the door and frame the experience as administrative as opposed to emotive.
Summary: Get Help With Parenting Mediation in Australia?
As you can see the mediation process is a manageable and positive one if clients go into it with a collaborative, ‘can do’ approach. With the huge variations in costs it’s important that you understand the benefits of the different types of divorce pathways.
If you’re seeking a positively framed, effective family mediation experience we at Resolutions Australia stand ready to support you through the process. Give us a call, it’s free and it could very well be the start of a process that helps you achieve the outcomes you want.
Frequently Asked Questions
- How long does parenting mediation take? At Resolutions Australia we schedule mediation in a four hour block. This is fairly standard for most private providers. Government subsidised providers often only provide a 2-3 hour block. Our business is unique in being able to keep mediating if you’re close to reaching agreement. We never schedule any business after the end of a mediation block. This enables us to carry on supporting you as needed.
- Is parenting mediation legally binding? No, however you can pass the agreement on to your family lawyer and they can apply to the Family Court to have the agreement turned into an order. This then makes it legally binding. If the plan is being followed without issue then there’s really no need to make it legally binding. If made into an order via the courts the order can only be altered via the court. This can be time consuming and costly.
- What if we can’t agree at mediation? That’s OK, these things happen. We would encourage you to try again or suggest approaching your lawyer to discuss next steps. Importantly, if you have agreed on some issues then we can draw these up as a plan so you’re only dealing with the outstanding concerns in the future.
- Can children attend parenting mediation? Great question! No is the general rule. Family mediators want the voice of the child heard and central to the mediation process. With this in mind and if the child is willing then they can meet or contact the mediator to talk about their wishes. At Resolutions Australia we often have phone calls with teenage children to talk about their situation and hopes and dreams for the future.
- How much does Parenting Mediation cost in Australia? Costs can vary widely. Government subsidised mediation can be a small nominal fee. With this though you may be getting a lower level of service, a longer wait time, and a mediator who only knows you via your file which has been picked up just a few minutes prior to mediation. Private providers will usually charge between $2000 and $6000 per mediation. At Resolutions Australia our online mediation model enables us to charge a very low $1600 per mediation ($800 per client.) Something we’re very proud of!
If you choose to undertake a lawyer led mediation you’re likely to be charged at the lawyer rate. This can very quickly add up and be significantly more expensive than using a private practitioner.
