Why choose Family Law Mediation?

 

Mediation allows separated parties to explore financial and parenting dispute resolution options in a confidential and non-confrontational setting with the assistance of a neutral third party (the mediator).

A mediator encourages and facilitates discussion about the issues in dispute, and helps the parties generate ideas or evaluate proposals and negotiate a resolution. Mediation allows parties to have greater input in the outcome of their dispute and as the process is confidential, the discussions, negotiations and offers made during mediation cannot be used in future court proceedings. This allows parties to make concessions or negotiate in a way that does not affect their legal rights or future proceedings. If mediation does not result in an agreement being documented, parties retain the option of taking the matter to court or participating in binding arbitration.

Thynne + Macartney offers a Family Law Mediation service Queensland-wide. Book a mediation or discovery call with one of our Accredited Specialists, or read on for frequently asked questions and more information about the mediation process.

Thynne + Macartney mediators also are able to assist in matters related to Wills and estates, relationship disputes and commercial disputes.

Is mediation right for my situation?

Following the breakdown of a marriage or de facto relationship, mediation is often mandated before separated parties can commence court proceedings to resolve financial or parenting matters. Most separated couples can avoid the lengthy and stressful court process and expensive legal fees by reaching an agreement outside of court proceedings through mediation.

There are circumstances where mediation is not a suitable option for dispute resolution. If your matter is considered urgent or if there has been or is a risk of child abuse or domestic violence, then applying directly to the court may be appropriate.

Book a complimentary discovery call for more information

What disputes can mediation address?

Mediation can be used to deal with almost all aspects of family law including:

  • Parenting disputes
  • Financial / property settlements
  • Spouse maintenance
  • Child support
  • Superannuation splitting
  • Third party claims to business or other property interests.

Where agreements are reached at mediation, the terms of agreement can be recorded in one or more formal documents, appropriate to the subject matter of the dispute, such as:

  • Parenting Plans
  • Parenting consent orders
  • Financial consent orders
  • Child support agreement
  • Financial agreements
  • Superannuation splitting agreements.

The mediator is not responsible for preparing formal documents for agreements reached at mediation, however, mediators regularly assist in reviewing draft documents (as an independent set of eyes) and can assist with testing or “reality checking” proposed terms or using their experience to assist in thinking outside the box. This helps parties consider if the agreement will work practically or financially, before they are executed.

Depending how your agreement is to be documented, formal processes may need to occur before the agreement becomes fully binding and effective.

Who pays for mediation?

Each party usually agrees to pay half of the mediation fees, unless an alternative arrangement has been agreed upon. In addition, each party is responsible for paying the fees associated with having their lawyer present at mediation.

Other costs can include room hire fees and filing costs if an agreement is to be formalised and enforceable.

In a Child Inclusive Mediation, where a social scientist is engaged to assess your child(ren) there will be an additional cost involved for the assessment and for them to be present at the mediation. This is included in the child inclusive mediation package.

Room hire fees are not payable if Thynne + Macartney’s offices are selected as a suitable location for your mediation. We can assist in sourcing an alternative venue based on your location and budget. Venue fees for external locations are payable in addition to mediation fees.

Thynne + Macartney provides complimentary tea, coffee, and cold drinks as part of your mediation package.  We can order light refreshments or sandwiches if required.

Will I be in the same room as my ex-partner?

The mediation process generally does not require the separated parties to speak to each other.

We acknowledge that some separated parties experience difficulty or distress being in the same room with their former spouse. Unless the parties agree to be in the same room, and the mediator determines that it is appropriate, we normally undertake mediation on the basis of the mediator moving between the parties in separate meeting rooms to convey information.

The mediator may choose to speak with both parties together at the start of a mediation to ensure they both hear the same information about how the mediation is to proceed.

How long does mediation take?

The type of dispute will determine the time you will need to book with a mediator.

Thynne + Macartney recommends:

  • Financial disputes – full day mediation
  • Narrow financial dispute – half day mediation for a financial matter where the dispute is limited to a particular or narrow issue
  • Parenting disputes – full day mediation
  • Parenting and financial disputes – it may be necessary for the parties to book a full day for the parenting matter and a separate day full day for the financial dispute
Half Day Mediations
  • 4 hours of mediation time
  • 2 x 45 minute intake sessions for each party
  • Reading any court documents or mediation statements (* see terms and conditions below)
  • Option to start mediation in the morning or afternoon (9am start or 1pm start)
  • Additional mediation time charged at hourly rate (15 minute increments)
  • Travel time, if required, charged at hourly rate
Full Day Mediations
  • Full day – commencing at 9 am and concluding at 5pm
  • 8 hours of mediation time
  • 2 x 45 minute intake sessions for each party
  • Reading any court documents or mediation statements (* see terms and conditions below)
  • Additional mediation time charged at hourly rate (15 minute increments)
  • Travel time, if required, charged at hourly rate
Child Inclusive Mediations
  • Co-mediation model with a social science practitioner (psychologist or social worker)
  • Full day – commencing at 9 am and concluding at 5pm
  • 8 hours mediation of mediation time
  • 4 x 60-minute intake sessions for each party and the children
  • Reading any court documents or mediation statements (* see terms and conditions below)
  • Additional mediation time charged at hourly rate (15 minute increments)
  • Travel time, if required, charged at hourly rate
  • Please note that Child Inclusive Mediations are charged at a higher daily and hourly rate depending on the social science practitioner selected by the parties

Where does mediation take place?

We acknowledge that some separated parties experience difficulty or distress being in the same room with their former spouse. Unless the parties agree to be in the same room, and the mediator determines that it is appropriate, we normally undertake mediation on the basis of the mediator moving between the parties in separate meeting rooms to convey information.

Thynne + Macartney offers complimentary meeting rooms in the Brisbane CBD for all mediation packages. Thynne + Macartney’s mediation rooms provide a private and secure environment, conveniently located in the Riverside Centre at 123 Eagle Street Brisbane. Our facilities are available from 8:00am to 5:00pm Monday to Friday. Special arrangements can be made regarding closing times and for mediations set to run through lunches.

We can assist in sourcing an alternative venue based on your location. Venue fees for external locations are payable in addition to mediation fees.

Who attends a mediation and will I need a lawyer present?

Most mediations are attended by the separating parties, their lawyers and a mediator.

In a Child Inclusive Mediation, a social science practitioner will also be present. They will meet with your child(ren) before the mediation to assess the impact of your separation on your child. At the mediation, they will provide feedback on an agreement that best meets the needs of your child(ren).

Whilst it is not a requirement for lawyers to be present, we usually work with parties who have legal representatives. We strongly recommend that parties obtain independent legal advice before entering into mediation, and for them to attend on the day.  A mediator cannot provide you with legal advice about any aspect of the negotiation process or the proposed outcomes, however a lawyer is able to give legal advice and provide guidance throughout negotiations on the day.

The Mediation Process – Step-by-Step

1. Briefing your lawyer and setting objectives

The preliminary step in preparing for a mediation is to supply your lawyer with all relevant documentation. The information/documentation you provide will allow your lawyer to develop a thorough brief for the mediator.

Financial disclosure needs to be made prior to mediation, this leads to better outcomes as less time is spent collecting financial information, and more time facilitating discussions and generating options to help resolve the dispute.

You should develop clear and realistic objectives for discussion with your lawyer prior to mediation.

These objectives should include:

  • what you want to achieve from the mediation
  • why you want to achieve these objectives
  • where parenting matters are part of the dispute, what are the best interests of the children and what arrangements may need to be made now or in the future
  • where property matters are part of the dispute, whether you or the other party wants to retain certain property (including the home, a business, or superannuation) and whether you have the ability and financial capacity to do so. You may need to seek advice from your bank about your ability to refinance or borrow prior to mediation.

2. Setting a date and time

A date is set for the parties to come together (with their legal representatives in most cases) to discuss their dispute and try to formulate a way bring that dispute to an end.

Mediation can go longer than expected, so it is important to ensure that you make arrangements to be available one or two hours following the scheduled finish time to ensure you can fully participate in the process.

3. Pre-mediation disclosures

Prior to mediation proceeding, it is necessary for the parties to make full and frank financial disclosure of their property interests, assets, and liabilities.

Ideally, parties or their lawyers should agree on the value of their assets and liabilities or obtain independent valuations in advance of mediation.

A joint balance sheet in electronic form should be provided prior to mediation.  This can be updated during mediation and will assist in reaching agreement about values.

The mediator will also ask each party to provide a mediation information statement or summary of issues together with any relevant court or other documents.

4. Intake/Introductory sessions

The mediator will conduct an intake session with each party before the mediation commences. This session is included in the fees.

The intake session allows you to meet the mediator prior to the mediation and discuss any concerns you have about the mediation process or what generally happens at mediations.  The mediator may ask you about whether you have any safety concerns or issues about the process.

Intake sessions can take place in person or by video-link through Zoom or Microsoft Teams.

5. The day of mediation

Most mediations are attended by the separating parties, their lawyers and a mediator at a neutral location. In a child inclusive mediation, a social science practitioner will also be present.

Unless the parties agree to be in the same room, and the mediator determines that it is appropriate, we normally undertake mediation on the basis of the mediator moving between the parties in separate meeting rooms to convey information. The mediator may choose to speak with both parties together at the start of a mediation to ensure they both hear the same information about how the mediation is to proceed.

Where agreements are reached at mediation, the terms of agreement can be recorded in one or more formal documents, appropriate to the subject matter of the dispute, such as:

  • Parenting Plans
  • Parenting consent orders
  • Financial consent orders
  • Child support agreement
  • Financial agreements
  • Superannuation splitting agreements.

The mediator is not responsible for preparing formal documents for agreements reached at mediation, however, mediators regularly assist in reviewing draft documents.

Mediation can go longer than expected, so it is important to ensure that you make arrangements to be available one or two hours following the scheduled finish time to ensure you can fully participate in the process.

Thynne + Macartney provides complimentary tea, coffee, and cold drinks as part of your mediation package. Depending on the length of the mediation, we can order light refreshments or sandwiches.

Use our online booking service to schedule a discovery call or mediation