Mediation Frequently Asked Questions

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

Please find below Mediation Frequently Asked Questions. 

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.

How does a mediation work ?

Mediation assists clients in family law in finding solutions to family law matters rather than have the Family Court of Western Australia make the decisions for them. Mediation resolves family law matters by finding common interests to assist in reaching a win win agreement which can be filed in the Family Court of Western Australia.

Bodekers Family Lawyers & Mediators conduct low cost fixed fee mediations. We can resolve financial matters in Family Law to avoid Family Court of Western Australia litigation and costs.  Our Legal Practitioner Director is Australian Institute of Family Lawyers and Mediators trained and has undertaking extra training at Harvard University.

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 does it mean to go to mediation ?

Going to mediation means to reach a family law agreement. It focuses on agreement rather than disagreement.

How much does it cost to go to mediation ?

Bodekers Family Lawyers & Mediators conduct low cost fixed fee mediations. Our Legal Practitioner Director’s fees are as little as $1,500 a day including preparation. This is usually much less expensive than Family Court of Western Australia litigation and costs.

What are the stages of mediation ?

Bodekers Family Lawyers & Mediators mediations usually start with an intake mediation session. Family law clients then usually set their agenda for their family law mediation. Various options to reach agreement are then explored an a family law mediation. Agreement is usually reached and written up. Mediations can take place with family law clients in separate rooms or the same room as they want.

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 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 info@bodekers.com.au to arrange your mediation conference.