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Mediation

What is Mediation?

Mediation is a structured negotiation process in which an independent person, known as a
mediator, assists the parties to identify and assess options and negotiate an agreement to
resolve their dispute. Mediation is an alternative to a judge imposing a decision on the
parties.
Some factors about your dispute may indicate that it is particularly suited to mediation, such as:

  • a willingness to participate in mediation
  • the possibility that a judge’s decision will not end the dispute
  • the need for partied to find a way to preserve their relationship
  • the existene of non-monetary factors and
  • the potential for a negotiated outcome that better suits the needs and interests of the parties than a judge’s decision

Why Mediate?

Mediation offers many benefits over a trial by a judge, including:

  • Time: ordinarily a dispute can be resolved more quickly through mediation than through a trial.
  •  Cost: if a dispute can be resolved through mediation, the costs of preparing and running a trial can be avoided. Additionally, after a trial the unsuccessful party may be ordered to pay the legal costs of the successful party.
  • Flexibility: mediation offers parties more control over the outcome. A mediation process which is customised to your needs can be arranged with the mediator.
  • Stress: mediation is less formal and less intimidating than appearing in court.
  • Confidentiality:  mediation is private. The judge is not informed of the contents of the mediation. It is also usually unable to be used against a party if the case goes to trial. (The Court recommends you discuss mediation confidentiality with your lawyer).
  • Satisfaction: because the parties decide and agree on the outcome of their dispute they are more likely to be satisfied with the result and to comply with what has been agreed.
  • Finality:  settlement agreements can usually only be modified with the aggreement of all parties.

Who attends mediation?

The parties are in ultimate control of any decision to resolve their dispute. It is essential that people attend the mediation with sufficient knowledge of the relevant issues in dispute and the authority to make decisions about how it might settle after the mediation. If attending on behalf of an organisation the Court requires the attendee be an authorised officer who is able to make a decision about how the dispute might be settled and to enter into an agreement on behalf of the organisation. If you are not legally represented you may ask to bring someone for support. http://www.fedcourt.gov.au/services/ADR/mediation

What is a Family Dispute Resolution Practitioner (FDRP)
A family dispute resolution practitioner (FDRP) is an independent person who helps people affected by separation or divorce to resolve their parenting disputes. FDRPs are accredited by the federal Attorney-Generals Department. To be called an FDRP a person must meet the accreditation standards in the Family Law (Family Dispute Resolution Practitioners) Regulations 2008. Resolving Family Disputes Australian law requires separating families who are in conflict about their children to make a genuine effort to try to resolve their dispute through a family dispute resolution process (similar to mediation) before they are allowed to file an application for parenting orders in a family court. This requirement applies to anyone wanting to file an application for new orders, as well parties wanting to make changes to an existing parenting order. There are only a fewexemptions to this requirement, those cases involving family violence, child abuse or
urgency. Unless an exemption applies, parties who are seeking to have a parenting matter determined by a court need to file a certificate from an accredited Family Dispute Resolution Practitioner (FDRP). The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate. https://adr.org.au/fdrp-register/  I am a Nationally Accredited Mediator and I offer mediation services in the area of workplace disputes, family issues, relationship issues, property settlements, parenting and other disputes.

Fees & Charges

Current fees are valid until 30th December 2017.
Monday – Friday
$660.00 (incl. GST)
Saturday & Sunday
$990.00 (incl. GST)
Fees include intake interviews for each client and 3 hours of mediation, if the mediation
requires additional time this will be charged at $100.00 per party per hour ($150.00 on
Saturdays and Sundays).
All fees are payable in advance and are per party
Please do not hesitate to contact me on 0475 193 960 or by email
kerryn@abacarecounselling.com.au should you have further enquiries or wish to make an appointment.

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