Frequently asked questions
Who can use mediation?
Anyone can engage the services of a mediator. In Queensland, some tribunals and legal avenues will require parties to have attended mediation prior to taking legal avenues of resolution. Mediation can be used by individuals and can be user referred or others may refer parties to mediation. For example, employers may engage a mediator to mediate disputes between colleagues.
Do I have to pay upfront?
No, you don’t have to pay all the fees upfront. Typically you will pay for each part of the process prior to that stage of the process occurring. We can invoice you separately or together, it’s up to you.
What can i expect on the day?
The mediator will greet both parties and invite them into the mediation space. Each party will have an opportunity to explain to the mediator why they are at mediation and the mediator will take notes to ensure she has captured everything. The mediator will then generate a list of key topics that are important to both parties and generate an agenda of items to be discussed. The mediator will guide parties to discuss the issues on the agenda ensuring equal time for each party. The mediator will then meet with each party individually for about 20-30 minutes to check in and answer any questions. The parties then both return to the room and make suggestions of what might be a suitable outcome. The mediator helps parties negotiate each item and hopefully come to an agreement.
Do I have to do mediation?
In short, no. Mediation is a voluntary process which means both parties need to be willing to participate in mediation “in good faith”. Our team will conduct checks throughout the mediation process to ensure everyone is attending for the right reasons. We wouldn’t want anyone who doesn’t want to mediate attending and, trust us, neither do you!
Will the mediator decide who is right?
No, the mediator is a neutral party in the process. They will guide you through the structured steps of your mediation and help the conversation stay constructive however they aren’t there to take sides or pick a “winner”. Think of them as your cabin crew - they are there to help everyone but it’s your trip.
Who enforces the agreement?
Because mediation is a voluntary process and is entered into in good faith, the parties are responsible for upholding any agreement made at mediation. The mediator will put the agreement in writing for you if both parties agree however after the mediation, it’s up to the parties to uphold the elements of the agreement.
I need a parenting plan, can you help?
Mediation is a valuable tool in developing a parenting plan and in fact, its a necessary step prior to court. The type of mediation required for this is called Family Dispute Resolution and requires a specially trained mediator called an FDRP. We don’t currently offer this service but…watch this space.
What if we don’t agree at the end?
Mediation is unfortunately not a magic wand and it doesn’t always work. At the end of the day, it is up to both parties to hear the other persons perspective and come to a mutually agreed upon solution to the problems. Mediation only works if the parties do too.