Mediation FAQ

September 2, 2016 – at 7:15 am – by Bodekers Family Lawyers

What is mediation?

Mediation is a form of dispute resolution in which an independent person, known as the mediator, assists the parties to identify issues and negotiate an agreement to resolve their dispute. Mediation is often in family law matters as an alternative to the Family Court imposing a decision on the parties.

What can be resolved at mediation?

Shannon Bodeker is able to mediate all areas of family law, other areas of law and non legal disputes. Mediation can be useful to assist parties to explore issues and find a way to move forward. 

What happens if we reach agreement at mediation?

There is no requirement to formalise your agreement or even put it in writing. However, our experience is that most people attending mediation prefer the certainty of their agreement being enforceable. To this end, if an agreement is reached at mediation you can formalise it by making an application for consent orders to the Family Court. 

What is the Mediator’s role?

The Mediator will fairly and impartially assist the parties to identify and discuss matters in issue between them with the objective of resolving the dispute. The Mediator can discuss legal processes and options with the parties, may express opinions and make recommendations. The Mediator is not acting as a legal practitioner for either or both of the parties and cannot provide legal advice. 

Is mediation confidential?

Yes, it is conducted on a “without prejudice” basis and all written and oral communications, negotiations and statements made during the mediation will be treated as privileged settlement discussions and are absolutely confidential. 

How much does mediation cost?

Shannon Bodeker charges $200 per hour (inclusive of GST) to act as a Mediator. Our facilities and support staff are included in this charge. 

How long does mediation take?

The process can last from a few hours to being spread over multiple days. You should usually allow a full day to attend mediation. 

When can I attend mediation?

We are usually able to arrange at short notice, subject to the availability and readiness of each party. 

Should my lawyer attend mediation with me?

Parties can attend either on their own or with their solicitors. It is usually best for the parties to agree whether they will attend  with or without their legal representatives. We encourage you to seek independent legal advice prior to attending mediation. 

Contact Bodekers Family Lawyers & Mediators by phone (08) 9323 7711 or email shannon@bodekers.com.au to arrange your mediation conference.