The Federal and Family Court Circuit of Australia defines mediation as, 'a structured negotiation process in which an independent person, knows as a mediator, assist the parties to identify and assess options and negotiate an agreement to resolve their dispute. Mediation is an alternative to a judge imposing a decision on the parties".

Mediation is when a Mediator is utilised as a third party to assist parties in their attempts to resolve a dispute without intervention from the court.

Disputes may relate to family, property, business or workplace dispute, dispute of a will or another type of matter to be handled by a Mediator.

It is facilitated in a safe and confidential space and can be delivered in different formats i.e. face to face, phone conference, video conference or via shuttle.

Mediation is a voluntary process that provides an opportunity for parties in dispute to resolve their matters outside of court (where appropriate).

The role of Mediator is to be an independent third party who assists parties in dispute to identify their key issues and reach agreement through facilitated negotiation in a safe, impartial and confidential environment.

Typically, the process will commence with the Mediator facilitating individual sessions with each party to discuss their issues and/or concerns and to discuss the process of mediation to assist parties to prepare.

If the mediation is assessed as being suitable to continue, the Mediator will then meet with all parties in a joint session to explore all collective issues and explore opportunities for resolution.

Responsibilities of a Mediator:

• They offer an independent perspective.

• They are non-judgmental.

• They do not provide legal advice.

• They do not make decisions for the parties, or on either party's behalf.

• They do not fact find or assign fault.

• Instead, they assist the parties to reach mutually agreeable outcomes.

At PACT Mediation our Mediators are nationally accredited and qualified Family Dispute Resolution Practitioners registered under the Attorney General's Department. Our experience, skills and qualifications enable us to provide a unique perspective to help parties effectively resolve their disputes.

Contact our team today to find out how we can assist you.

At PACT Mediation, your safety is our priority. We can adapt our services to ensure that all parties are feeling safe to participate.

You will never be required to have direct contact with the other party at a mediation if that is not your preference.

We can adapt the session format to suit your needs:

• Mediations can occur in a joint capacity or via shuttle

• They can be via video conference, phone or in person

• We can arrange to stagger arrival and departure times

• Session can take place with or without lawyers present. This can be facilitated in one room with a mediator, or via shuttle.

• Parties may elect to speak directly to the other party, to speak via the mediator or to speak only via their lawyers.

Please inform us immediately if you have any safety concerns.

At PACT Mediation our services are charged at a fixed fee, so you know where you stand.

There are no hidden charges or additional costs.

Costs will vary depending on the type of mediation required and the session duration.

We can discuss our fee structure with you in your obligation free consultation.

Contact our team to make an appointment.

There are a range of reasons to consider mediation:

• You are in control of your outcome at mediation as opposed to a Judge determining your outcome with limited information.

• Process is low risk and can be performed at a more controlled pace.

• Numerous legal matters require parties to attempt Mediation prior to applying to have the matter heard in court.

• Sessions are held in a confidential and safe environment.

• Can be held with or without legal representation present.

• Process is based on an informal approach.

• Voluntary.

• Parties have the assistance of a skilled Mediator to assist in their negotiations.

• Sessions are facilitated following a clear process.

• Can have more than 1 attempt at resolving their dispute, opportunity to generate proposals for consideration, or revisit short term arrangements that have been agreed upon with the children's needs in mind.

• It is a more cost-effective and efficient alternative to going to court.

Sometimes businesses prefer to have clients on-site for their appointments.

At PACT Mediation, we understand the need to be flexible.

As an online service provider, we provide a more accessible option for our clients.

Our services are also offered by phone or shuttle.

Upon request we also offer the option for face to face.

Contact us today to discuss which option would best suit your needs.

• Statistically speaking, 85% of disputes are resolved within the mediation session with additional 10-15% reached shortly after.

• Successful outcomes ultimately depend on both parties coming together in good faith to collaborate and resolve their disputes with arrangements they are happy to live with.

• In this negotiation stage, we encourage parties to not solely focus on their desired outcome, as it is important to consider this if the matter proceeds to court,

Possible outcomes for agreements:

• Parties may reach a stage where they are close to reaching agreement but require further mediation after seeking further legal and other relevant advice.

• If agreements are reached but need to be rediscussed due to a significant change in circumstances, parties can return to mediation .

• If no agreement has been reached and it’s unlikely that it will be reached in the future, parties may proceed to litigation.

A support person should be someone you feel comfortable with to be with you throughout the session but also to share sensitive information with. They should also be someone that you trust to keep this sensitive information confidential

A support person may be a:

• Friend.

• Relative such as a parent, aunt, uncle, cousin or sibling.

• Disability support worker.

• Teacher.

• Social worker.

• Family support worker.

• Other relevant service provider.

A support person cannot be involved in the dispute in any way.

All parties involved must agree to the support person attending.

The Mediator may excuse a support person from further participating in the process, if their involvement is found to be unhelpful or inappropriate.

The decision to have a support person present is at the Mediator's discretion.

Contact our team if you would like to find out more information.

If you would like to pursue mediation, we invite you to contact our team.

At this intake stage we will gather your details and request the details of the other party in order to extend an invitation.

We will also schedule your assessment appointment, where we will have an in-depth discussion with you about your dispute and your objectives for mediation.

The Mediator will then provide an outline of how the mediation process will occur and what to expect.

Providing both parties are willing to participate, and it is suitable to continue, the mediation process will continue.

All discussions between the Mediator and the parties are confidential, unless a safety risk has been disclosed.

Learn more about our process here.

Contact our team for further information.

Generally speaking, agreements reached in mediation are reached in good faith are not legally binding.

In parenting cases, agreements reached between parties that are signed and dated, qualifying the agreement to be viewed as a parenting plan, which may be taken into consideration by the court at a later stage, but in itself is not legally binding.

Mediation agreements are not binding unless, by joint agreement an application for consent orders is submitted and approved by the court.

For other matters (outside of parenting), for a mediation agreement to be legally enforceable it must satisfy certain criteria and should be drafted with legal guidance.

Mediation is not a legal process. At PACT Mediation we cannot provide legal advice, advise who is right or wrong or impose an agreement.

If you have any questions about your legal rights and responsibilities, we encourage you to seek legal advice before attending a mediation session.

If you are invited to attend mediation and you do not wish to proceed, that is your choice as attending mediation is voluntary.

If this is to occur in matters for family dispute resolution (FDR), you should be aware that if a party refuses to attend, then a certificate (called a Section 60I Certificate) may be issued stating “The person did not attend FDR due to the refusal or failure of the other person or people to attend”.

If the matter proceeds to being filed in court, the Court may take into account a party's refusal to attend mediation and may make an order for the initiating party's costs to be paid by the person who refused to attend mediation. We encourage parties to seek legal advice about the consequences of refusing to engage in FDR.

Generally speaking, mediation is worth a try. It provides parties the opportunity to resolve their disputes together and keep their costs down.

In most cases, mediation in family law matters is worth a try. There will be some cases where it isn’t appropriate, in which case the s60I certificate will reflect that the Mediator made the decision not to proceed. In that case, a person wouldn’t be at risk of a costs order.

Otherwise known as lawyer assisted mediation, Legally Assisted Mediation is a process where mediation is facilitated between the parties with their legal representatives present.

This is dependent on both parties agreeing to have their lawyers present.

You can find out more information here.

Whilst it is not mandatory for you to see a solicitor before a mediation, at PACT Mediation, we encourage all of our clients to obtain legal advice prior to attending any type of mediation, whether it be an informal mediation between you and your former partner, a formal mediation organised through your solicitors or a mediation which occurs through the court process to ensure you are aware of your rights and responsibilities and adequately informed when negotiating options.

It is also not uncommon to receive advice from friends, family, co-workers etc. on shared experiences, however in the absence of legal advice, you may be entering negotiations assuming or not being fully aware of:

• Knowing where you stand.

• Suitable options and proposals to raise for discussion with the other party.

• Knowing whether something you may be agreeing to is in your best interests, or in parenting cases, if what you are agreeing to is in your child's best interests.

• Options that are available if mediation is not suitable.

• Next steps to take if you would like to make your agreements legally binding.

At PACT Mediation, we encourage parties to obtain independent legal advice throughout the mediation process.

The property mediation involves a 4-step process and  relies on parties voluntarily participating and making full and frank disclosures about their financial matters.​

1. IDENTIFY ASSETS & LIABILITIES

Parties will work towards establishing an agreed asset pool. During this stage full and frank financial disclosure is essential, including exchanging relevant documents such as bank account statements, property valuations and superannuation statements. 

2. DETERMINE PARTY CONTRIBUTIONS

Parties will look retrospectively on the relationship to establish (if any) assets or liabilities of significance that were brought into the relationship, the substantial contributions of both parties, both financial and non-financial,  during the relationship. This may include any contributions from other family members). 

​3. IDENTIFYING FUTURE NEEDS

The mediator will work will parties to establish their future needs and considerations moving forward including (but not limited to) income, earning capacity, skills and qualifications, health issues that may impact on your ability to work or fulfil your financial needs and care arrangements for the children and other family members. ​The above 3 stages will provide the landscape to discuss the 4th and final stage of the property mediation process.

4. NEGOTIATION & AGREEMENTS (JUST & EQUITABLE OUTCOMES)

With the assistance of the mediator, and considering the information provided in the preceding steps, parties will then begin the process of considering options and making decisions about settlement outcomes.

This is often reflected in a percentage figure but can also be discussed in monetary terms. ​During this stage, our mediators will assist parties in discussing the practicalities and next steps i.e. preparing the family home for sale, dissolving bank accounts or share portfolios, sorting personal effects and the distribution of household goods. ​

In Australia, under the Family Law Act (1975) we have a 'no fault' divorce which means that irrespective of the complexities of the separation (outside of where family violence may have occurred), the Court does not consider who is or is not at fault for the marriage breakdown.

Mediation, whether for family or property is a voluntary process. You will not be asked to continue participating at any stage if you do not wish to. If either party files an Application for Property Orders with the Court, there will be a requirement for a Genuine Steps Certificate to show the steps you have taken to try to resolve this matter. This may include attending mediation. Please refer to the FCFCOA site for further information: https://www.fcfcoa.gov.au/fl/forms/genuine-steps-fl.

You are required to make full and frank disclosure of everything that you owe and own during mediation. This does not necessarily mean that everything disclosed will have an impact on the final outcome.

When a relationship ends, either by separation, or divorce, parties can agree to a settlement on their financial and property matters. This is usually done by agreement or through mediation.

There are 2 options that can make that agreement binding:

• Financial Agreement; or

• Consent Orders.

What is the difference?

Financial Agreements:

• A Financial Agreement is a contract between the parties that is binding and enforceable.

• It only relates to financial or property matters, it does not involve children's matters.

• It can be entered into at any stage of the relationship: before living together, during living together, during marriage, after separation or divorce.

• Financial Agreements can be drafted at the discretion of the parties and can be more time efficient.

• As long as parties have received adequate independent legal advice in relation to the Agreement, and have divided their assets in a manner that suits them, their agreement can still be legally binding.

• Both parties must obtain their own independent legal advice. Solicitors must clearly explain the advantages and disadvantages of entering into a Financial Agreement and must sign a declaration within the Agreement that this advice was given,

• As other legal documents, a poorly draft Agreement can be found to be unenforceable by the Court

• If one party was found not to have received independent legal advice, the Agreement may be deemed to be unenforceable.

• The application process is more complicated that than of Consent Orders

Consent Orders

• Consent Orders need to be finalised by the Court and can deal with financial matters and children's matters.

• The Court will need to consider the agreement between the parties to be fair and equitable for Consent Orders to be made.

• Read more about consent orders here.

In these circumstances you may find the mediation process empowering to attend as you will directly receive information that you would otherwise may not have had access to about the property settlement process and what is required. During the mediation it is encouraged for both parties to make full and frank disclosure. The information shared may then be useful for further financial and legal advice.

Yes. Pets are considered as a part of the asset pool. As such, all arrangements for pets can be discussed in property mediation including who will have primary care, who will be financially responsible for the pets expenses including registration, vet fees, pet food etc.

Superannuation is considered as an asset of the relationship even though there are specified times in which you can access it. Superannuation may be divided with the total asset pool, other times it is managed separately. For more information about superannuation, please refer to the FCFCOA website: https://www.fcfcoa.gov.au/fl/fp/superannuation.

The timing of when an inheritance is received will impact if and how it forms a part of the asset pool or if it is considered as a future financial resource. It is important to seek legal advice to gain further clarity around this.

Seeking financial advice from your accountant can be useful if you have a business or there are complex financial issues to be explored i.e. taxation liabilities. Please note financial advice is not a substitute for legal advice.

You do not have to formalise your agreement but we would strongly recommend you seek legal advice to understand your options.