The Mediation Process - Step by Step.
Important Issues to Decide on During Mediation
The FDR mediator will work with you to clarify the issues you wish to discuss and help you generate possible solutions. Each party will decide on talking points. These topics become bullet points on a white board (usually up to 6 topics in a 4 hour session). Each item is discussed for options and solutions.
After your discussions, the FDR mediator will help you draw up a parenting plan which may include:
During the mediation, everyone will have time to talk, to consider suggestions, to take a break, and to talk individually to the FDR mediator before making final decisions.
The FDR mediator will help you write up the parenting plan into a mediated agreement and if you are happy with it, you will be asked to sign and date it.
What happens if you don’t come to agreement?
Usually people come to some agreement in mediation. If you do not resolve any or all of the issues that you need to resolve, the FDR mediator will talk with you and the other party about what the next steps available to you. It may be that you need more time and it is not uncommon for couples to need two sessions to work out a plan.
If mediation is going nowhere or if one party refuses to cooperate, the FDR mediator can give you a copy of a form known as a Section 60I form that says that you have attended mediation, or attempted mediation. This is an additional fee and is only given to the person paying for it. See Section 60I Certificates.
You can then make an application for a parenting consent order to the Family Court. You will need to attach this 60I certificate when filing your court forms.
What Happens if You Reach Agreement at Mediation and One Party Changes Their Mind Afterwards? Is Your Agreement Legally Enforceable?
A Parenting Plan is not a legal document, however it does hold influence over a parenting order and it can overrride a previous consent order.
Sometimes people change their mind after mediation. It may be possible that you and the other party are able to discuss and resolve any further issues that occur after mediation. If this is not possible then you can choose to return to mediation.
We recommend that you try out your parenting plan for three months. This period is to provide you and the other party with an opportunity to see how well your agreement is working day-to-day and to settle into any arrangements. If, at the end of this period there are further issues that you and the other party cannot resolve you can return to mediation.
Your FDR mediator will work with you and the other party to ensure that any agreement you reach is likely to work. You are able to keep this agreement private (between parties), or you can make an application to the Court to have your agreement turned into a Court Order.
Call Ghita Andersen on 0439 888 070 to discuss your situation.
The FDR mediator will work with you to clarify the issues you wish to discuss and help you generate possible solutions. Each party will decide on talking points. These topics become bullet points on a white board (usually up to 6 topics in a 4 hour session). Each item is discussed for options and solutions.
After your discussions, the FDR mediator will help you draw up a parenting plan which may include:
- How much time the children will spend with each of you
- Contact arrangements for the other parent or care-giver, while the children are in your care. This may also include how the children will be changed over from one parent or caregiver to another
- How the children will be involved in special occasions, for example birthdays, Christmas, mothers’/fathers’ days
- How the children’s holidays will be arranged
- Who will be involved in their time (extended family, new partners)
- Which school the children will attend
- Health matters
- Religious and cultural matters
During the mediation, everyone will have time to talk, to consider suggestions, to take a break, and to talk individually to the FDR mediator before making final decisions.
The FDR mediator will help you write up the parenting plan into a mediated agreement and if you are happy with it, you will be asked to sign and date it.
What happens if you don’t come to agreement?
Usually people come to some agreement in mediation. If you do not resolve any or all of the issues that you need to resolve, the FDR mediator will talk with you and the other party about what the next steps available to you. It may be that you need more time and it is not uncommon for couples to need two sessions to work out a plan.
If mediation is going nowhere or if one party refuses to cooperate, the FDR mediator can give you a copy of a form known as a Section 60I form that says that you have attended mediation, or attempted mediation. This is an additional fee and is only given to the person paying for it. See Section 60I Certificates.
You can then make an application for a parenting consent order to the Family Court. You will need to attach this 60I certificate when filing your court forms.
What Happens if You Reach Agreement at Mediation and One Party Changes Their Mind Afterwards? Is Your Agreement Legally Enforceable?
A Parenting Plan is not a legal document, however it does hold influence over a parenting order and it can overrride a previous consent order.
Sometimes people change their mind after mediation. It may be possible that you and the other party are able to discuss and resolve any further issues that occur after mediation. If this is not possible then you can choose to return to mediation.
We recommend that you try out your parenting plan for three months. This period is to provide you and the other party with an opportunity to see how well your agreement is working day-to-day and to settle into any arrangements. If, at the end of this period there are further issues that you and the other party cannot resolve you can return to mediation.
Your FDR mediator will work with you and the other party to ensure that any agreement you reach is likely to work. You are able to keep this agreement private (between parties), or you can make an application to the Court to have your agreement turned into a Court Order.
Call Ghita Andersen on 0439 888 070 to discuss your situation.
