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FREQUENTLY ASKED QUESTIONS

GENERAL

Are Agreements Made in Mediation Legally Binding?


No - mediated agreements are not legally binding - they are a good faith/hand shake agreement, but you can have them converted to a legal contract, a consent order, if you choose to do so - we can talk about this.




Do I Have To Do Mediation?


No - mediation is voluntary for all types of mediation, however for most family matters you are obliged to attempt mediation first before you go through a legal process. In any case there are lots of reasons why it is a good idea to try mediation before you start thinking about court.




Why Is Mediation Such A Good Idea?


Resolving differences in mediation can avoid a legal process which can be costly - financially, emotionally, psychologically and physically. By mediating you have control of the outcome - you decide what is agreeable to you instead of a judge telling you what to do and by mediating you can keep the discussion and outcome confidential.




What Happens If The Other Person/s Won't Take Part?


Because mediation is voluntary no one can be forced to come along. We can discuss other avenues available to you if you find yourself in this situation. If you are wanting to mediate about children's matters and the other parent chooses not to engage with our services, you may be eligible for a Section 60i Certificate which allows you to proceed through a legal process if you choose to do so - we can talk to you about how this works.




What Does A Mediator Do?


A mediator manages the conversation, ensures everyone gets a chance to speak, keeps the conversation focused on the topics to resolve and can offer some perspective and reality about the situation - but they do not decide the outcome for you.




I Feel Afraid and Stressed About the Thought of Mediation?


Please don't be. Think of mediation as coming together for a chat. Mediation is not a legal process and we are here to discuss any concerns you have - before, after and during mediation. If there is a protection order in place we need to discuss this first, and then we will determine whether we are able to offer mediation or not.




Are Children Involved In Family Mediation?


No children are not involved in mediation and the decision making process however, if you wish we can discuss options to involve a specialist child consultant to give advice on your situation.




How Much Does Mediation Cost and Who Pays?


Please contact us to discuss our fees for mediation - a call or email Who pays is up to you - sometimes the parties will split the fees 50/50, sometimes one party will choose to cover all the costs.