FAQ Mediation
★★★★★ Mediation Testimonial 2019 - Meg, Springbrook.
“You are very good at your job Ghita. Thank you. Now I can have Christmas with my daughter and her family.“
How Does FDR Work?
FDR mediation is a process that enables you to talk with the other party in a confidential and safe environment. The FDR mediator will discuss with you how the mediation is set up and who can attend. Note: Family members and friends cannot attend a mediation session.
Everyday, mediation helps couples that are in the process of separating or divorcing to decide what to do about:
Family Mediation in a Nutshell:
Why do I have to have a pre-mediation (Intake) session, I just want to do the mediation?
Mediators are required by law to make an assessment about whether the mediation is appropriate in the first instance. This is called an Intake Session and we usually conduct them over the phone or via Zoom. It is also an opportunity to help to prepare you for your mediation; to answer any questions that you may have, and to alleviate some of your concerns.
Can you sort out parenting plans and property in the same mediation?
No, there will be a mediation for each. Due to the emotional nature of mediation and due to the time it takes to agree on terms, parental mediation is split into two sessions with parenting plans organised first.
Andersen Mediation only handles parenting plans. Property can be sorted by a solicitor but parenting plans must be made by a mediator if there is any likelihood of them becoming consent orders. Lawyers are not usually mediators.
Can we make our own parenting plan without a mediator?
Yes, but it cannot be used to apply for a parenting order through the court. Mediation is compulsory if the parenting plan will be used for a consent order. This is mandated because the family courts are often running two years behind and judges do not want court time to be taken up with parenting plans.
What happens if we apply for a parenting order without going to mediation first?
The court will send you to mediation.
Do Mediators Give Out Legal Advice?
FDRPs can only give advice based on family dispute reolution or basically anything that can be found on the government website (AG.gov.au). Mediators cannot offer legal advice.
Do I need legal advice?
You may need legal advice if:
Can I check the PP with my lawyer before signing it?
You can get legal advice anytime during the mediation process. It is a good idea to make a call durng the 'separate sessions' part of mediation (when one party has a private chat with the mediator and the other person is asked to wait for 15minutes before their own private session). Just be aware that mediation is a minimum of 3 hours and that any pause in the mediation process (to talk to a lawyer) is still the mediator's time. Also, there are no refunds on unused hours - such as when one party walks out of mediation. There are no refunds.
Can my solicitor attend mediation with me?
A solicitor may attend, but this is at the FDRP's discretion.
Do I have to attend mediation with my ex-partner?
Mediation requires both parties to attend. The FDR mediator will work with you to design a mediation process which helps you to manage attending mediation with your ex-partner.
If you have concerns for your safety or the safety of your children please dial 000 or speak with a lawyer immediately.
Do I have to attend in person?
While mediating in person is certainly the preference for many people, technology has opened up the possibility of mediation for others.
Andersen Mediation has video conference options via ZOOM and Skype available for people who are unable to attend in person. Video conferencing may suit people who live far apart, who are unable to travel or people, who are unable to meet up face to face for safety or other reasons.
What if I want to go to court?
You still have to attend or attempt mediation before going to court. Section 60I Certificates are only given to people who have attempted mediation. However, if the agreement breaks down within 12 months of the mediation, the mediator can issue a Section 60i Certificate.
Will the FDR mediator sort out property?
No, but some do. Andersen Mediation does not handle property. The FDR service is primarily for resolving parenting arrangements for your children. Any agreements made in mediation about family property are not legally enforceable anyway and we recommend property mediation is handled by solicitors.
What happens if the parenting agreement breaks down or one party will not abide by it?
If the agreement breaks down within 12 months of the mediation, the mediator can issue a Section 60i Certificate Please be aware that this has an additional fee.
How long will FDR take?
We do our best to arrange your FDR quickly so you can move on with your lives, but it can sometimes take around six weeks.
Is the cost of mediation shared between the two parties?
Each party pays for their intake session. Where the FDR Provider considers that each person is ready and the dispute is suitable for FDR, the FDR mediation process begins.
Moreover, each party must pay their share of the mediation and funds must be cleared 48 hours before the date or mediation is cancelled. This is because preparation for mediation begins the day before for the mediator to prepare a venue booking or to invite parties via email to Zoom sessions; to read up on notes and to check payments.
Payment of the FDR fee
The cost of FDR must be paid 48 hours before you meet with your mediator. Payment can be made by deposit Ghita Andersen’s bank account listed on the Family Dispute Mediation Page or you can also pay by via Paypal/ credit card.
Please provide your case number and party number in separate fields.
The mediation fee is non-refundable. There is no refund for partial completion of the process and any unused hours are not refundable.
I am feeling stressed. Where can I get support?
Your mediator can refer you to counsellors to assist you in preparing for mediation or to help with debriefing and moving on from the relationship. In your mediation pack there will be lists of counsellors that Andersen Mediation recommends.
Safety
If you have concerns for your safety or the safety of your children you should dial 000 or speak with a lawyer immediately.
Forms
Where do I find the forms and the information packs?
Forms to Download page.
Does Andersen Mediation keep a copy of our parenting plan on file? And can we get another copy if we lose ours?
Yes, but backup copies are only held for five years.
How will special cultural needs/ disability/ language problems be accommodated?
During the first assessment, the FDR Resolution Coordinator will assess you to make sure FDR is suitable for your situation. During this assessment, we will find out any special requirements you may have. We will do our best to make the mediation process as easy as possible for everyone to participate.
Call Ghita Andersen on 0439 888 070 to discuss your situation.
FDR mediation is a process that enables you to talk with the other party in a confidential and safe environment. The FDR mediator will discuss with you how the mediation is set up and who can attend. Note: Family members and friends cannot attend a mediation session.
Everyday, mediation helps couples that are in the process of separating or divorcing to decide what to do about:
- Children’s Matters (how to share parenting and parental responsibilities going forward)
- Financial Matters (how to pay for the children’s upbringing)
- Property settlement (This is not a service we offer and we recommend a lawyer for this)
Family Mediation in a Nutshell:
- THE INTAKE PROCESS: Our mediator will meet with you and your ex partner separately in an intake session (This confidential interview is via phone or Zoom). After information has been gathered the mediator will understand your current parenting/ financial needs and what topics you want to have an agreement on. If mediation is suitable, the mediator organises a joint mediation session together in person, or by video conferencing.
- THE MEDIATION PROCESS: After stating needs and negotiating terms, an agreement is drafted into a parenting plan (PP). The documents are then signed by both parties. This PP can be then filed in court if required.
Why do I have to have a pre-mediation (Intake) session, I just want to do the mediation?
Mediators are required by law to make an assessment about whether the mediation is appropriate in the first instance. This is called an Intake Session and we usually conduct them over the phone or via Zoom. It is also an opportunity to help to prepare you for your mediation; to answer any questions that you may have, and to alleviate some of your concerns.
Can you sort out parenting plans and property in the same mediation?
No, there will be a mediation for each. Due to the emotional nature of mediation and due to the time it takes to agree on terms, parental mediation is split into two sessions with parenting plans organised first.
Andersen Mediation only handles parenting plans. Property can be sorted by a solicitor but parenting plans must be made by a mediator if there is any likelihood of them becoming consent orders. Lawyers are not usually mediators.
Can we make our own parenting plan without a mediator?
Yes, but it cannot be used to apply for a parenting order through the court. Mediation is compulsory if the parenting plan will be used for a consent order. This is mandated because the family courts are often running two years behind and judges do not want court time to be taken up with parenting plans.
What happens if we apply for a parenting order without going to mediation first?
The court will send you to mediation.
Do Mediators Give Out Legal Advice?
FDRPs can only give advice based on family dispute reolution or basically anything that can be found on the government website (AG.gov.au). Mediators cannot offer legal advice.
Do I need legal advice?
You may need legal advice if:
- you or your child/ren are experiencing family or domestic violence or are at risk of harm
- you’re going to attend family dispute resolution (so you are aware of your rights and responsibilities)
- you’re concerned about your safety (when attending family dispute resolution)
- your children haven’t been returned from a visit with the other parent or person
- you believe your ex-partner may sell, lose or destroy property you have an interest in
- the other person refuses to participate, or their behaviour during family dispute resolution may be affected by mental illness or a drug or alcohol problem.
Can I check the PP with my lawyer before signing it?
You can get legal advice anytime during the mediation process. It is a good idea to make a call durng the 'separate sessions' part of mediation (when one party has a private chat with the mediator and the other person is asked to wait for 15minutes before their own private session). Just be aware that mediation is a minimum of 3 hours and that any pause in the mediation process (to talk to a lawyer) is still the mediator's time. Also, there are no refunds on unused hours - such as when one party walks out of mediation. There are no refunds.
Can my solicitor attend mediation with me?
A solicitor may attend, but this is at the FDRP's discretion.
Do I have to attend mediation with my ex-partner?
Mediation requires both parties to attend. The FDR mediator will work with you to design a mediation process which helps you to manage attending mediation with your ex-partner.
If you have concerns for your safety or the safety of your children please dial 000 or speak with a lawyer immediately.
Do I have to attend in person?
While mediating in person is certainly the preference for many people, technology has opened up the possibility of mediation for others.
Andersen Mediation has video conference options via ZOOM and Skype available for people who are unable to attend in person. Video conferencing may suit people who live far apart, who are unable to travel or people, who are unable to meet up face to face for safety or other reasons.
What if I want to go to court?
You still have to attend or attempt mediation before going to court. Section 60I Certificates are only given to people who have attempted mediation. However, if the agreement breaks down within 12 months of the mediation, the mediator can issue a Section 60i Certificate.
Will the FDR mediator sort out property?
No, but some do. Andersen Mediation does not handle property. The FDR service is primarily for resolving parenting arrangements for your children. Any agreements made in mediation about family property are not legally enforceable anyway and we recommend property mediation is handled by solicitors.
What happens if the parenting agreement breaks down or one party will not abide by it?
If the agreement breaks down within 12 months of the mediation, the mediator can issue a Section 60i Certificate Please be aware that this has an additional fee.
How long will FDR take?
We do our best to arrange your FDR quickly so you can move on with your lives, but it can sometimes take around six weeks.
- Intake Party A
- Intake Party B
- Mediation Process
- Signing of Agreements
- Copies sent out to parties
- Option: Section 60I Certificate
Is the cost of mediation shared between the two parties?
Each party pays for their intake session. Where the FDR Provider considers that each person is ready and the dispute is suitable for FDR, the FDR mediation process begins.
Moreover, each party must pay their share of the mediation and funds must be cleared 48 hours before the date or mediation is cancelled. This is because preparation for mediation begins the day before for the mediator to prepare a venue booking or to invite parties via email to Zoom sessions; to read up on notes and to check payments.
Payment of the FDR fee
The cost of FDR must be paid 48 hours before you meet with your mediator. Payment can be made by deposit Ghita Andersen’s bank account listed on the Family Dispute Mediation Page or you can also pay by via Paypal/ credit card.
Please provide your case number and party number in separate fields.
The mediation fee is non-refundable. There is no refund for partial completion of the process and any unused hours are not refundable.
I am feeling stressed. Where can I get support?
Your mediator can refer you to counsellors to assist you in preparing for mediation or to help with debriefing and moving on from the relationship. In your mediation pack there will be lists of counsellors that Andersen Mediation recommends.
Safety
If you have concerns for your safety or the safety of your children you should dial 000 or speak with a lawyer immediately.
Forms
Where do I find the forms and the information packs?
Forms to Download page.
Does Andersen Mediation keep a copy of our parenting plan on file? And can we get another copy if we lose ours?
Yes, but backup copies are only held for five years.
How will special cultural needs/ disability/ language problems be accommodated?
During the first assessment, the FDR Resolution Coordinator will assess you to make sure FDR is suitable for your situation. During this assessment, we will find out any special requirements you may have. We will do our best to make the mediation process as easy as possible for everyone to participate.
Call Ghita Andersen on 0439 888 070 to discuss your situation.
