Question 1

How long does mediation take?

Accepted Answer

It usually takes a minimum of four hours to properly explore the underlying reasons for a dispute, and to discuss and negotiate those issues to obtain a long lasting solution to those issues. Where parties are particularly entrenched in their positions, it may take eight hours or more to resolve disputes.

Question 2

I have concerns for my safety, how can that be dealt with?

Accepted Answer

Mediation can take place in a range of formats so that both parties feel safe and comfortable.

In person mediation
In person mediation can take place with both parties face-to-face in the same room, or with each party in separate breakout rooms, or in a combination of these settings.

Online/Phone mediation
Mediation can also occur by telephone or other electronic communication such as Zoom or MS Teams.

Shuttle mediation
If one party feels uncomfortable in speaking in the presence of the other party, mediation can occur by way of shuttle whereby the family dispute resolution practitioner talks with each party separately passing on to the other party only that information which a party has authorised be provided to the other party. This format does not need to include a 'joint session' with both parties in the same room.
Shuttle mediations can be conducted in person using  separate rooms at the same venue, or remotely via online breakout rooms or through a series of phone calls.

Question 3

Do I need legal representation at mediation?

Accepted Answer

It is a matter for a party to decide whether they wish to have a lawyer represent them during the mediation process.

A family dispute resolution practitioner cannot provide legal advice to either party even if one party is legally represented and the other party is not.

Question 4

What do I need to do to prepare for mediation?

Accepted Answer

Both parties should where possible try and narrow the issues in dispute and confirm to New Chapter mediations those issues which are agreed and those which are not. This will allow the parties to concentrate during mediation upon the issues which are in dispute.

In financial disputes both parties should try and agree the nature and value of the property pool to be divided. Where there is a dispute as to value, parties should where possible, obtain an independent valuation (usually at equal expense). One useful way to record the property pool is to use the Federal Circuit and Family Court's Balance Sheet template. A copy of the agreed property pool should be forwarded to New Chapter mediation prior to the mediation date.

If you have a lawyer, they may prepare a mediators brief which can be emailed to us. If you do not have a lawyer, you may like to consider filling out our basic mediator brief template:

Question 5

Will I be able to speak freely?

Accepted Answer

Each party will be given ample opportunity to speak freely about the matters in dispute and are encouraged to do so as this assists with ascertaining the sticking points which have previously prevented the parties from reaching agreement.

Question 6

What happens if we reach agreement?

Accepted Answer

The terms of any agreement reached will be written down and the parties will be invited to sign the same as evidence of the agreement. If the agreement reached is complicated or there is a shortness of time Heads of Agreement can be prepared and signed at mediation with more detailed terms written up after the mediation by the parties or their lawyers.

Question 7

What happens if we don’t reach an agreement?

Accepted Answer

If no agreement can be reached the mediation process will conclude and the Family Dispute Resolution Practitioner will provide a Section 60I Certificate which enables the parties to subsequently initiate court proceedings.

Frequently Asked Questions