Family mediation lawyers Perth – helping you reach your own agreement. 

Simply put mediation is “assisted negotiations”.

Mediation models may vary but usually you will attend joint sessions that provide an opportunity for the parties or their representatives to set out their interests / concerns to the other party or representative, you will have private sessions with the mediator to discuss possible agreements to meet each party’s particular interests / concerns, further joint sessions will allow the parties the opportunity to discuss their preferred outcomes, if applicable, agreements will be written up.  If no agreement, the mediator can assist to narrow the issues between the parties, thereby reducing court time and expense.

(https://www.aiflam.org.au/aiflam-members/mediation)

If  your asset pool is less than $750,000.00, our mediators charge a fixed fee of $2,199.00 (GST inclusive).  This includes all preparation and up to a full day mediation.  This does not include the cost of the venue for the mediation nor the cost of each party’s individual lawyer.

The cost of an intake session (up to 90 minutes) is $330 (incl. GST) per session.  Usually each party pays for their own intake session.   The joint session (up to 3 hours) is charged at $165 (incl. GST) per person per hour (total $990).

Mediation is a versatile process that can address a plethora of issues in family law matters. These include but aren’t limited to child custody and visitation arrangements, spousal and child support agreements, and property division. 

Mediation can also facilitate discussions around more delicate matters such as future communication strategies and plans for introducing new partners to children. It’s a space where you can work out almost any issue that would otherwise be settled in court, but with more flexibility and personal input.

The mediation process can vary considerably depending on the complexity of the issues at hand and the readiness of the parties to negotiate and compromise. Typically, mediation might take anywhere from a few hours to several sessions spread over a few weeks. It is generally a quicker option compared to going through the court system, offering parties the opportunity to resolve their disputes in a time-efficient manner.

Mediation in itself is not legally binding. It is a voluntary process where parties come together to work out agreements mutually. 

However, once an agreement is reached, it can be formalised into a legally binding document, such as a consent order or a binding financial agreement, which can be enforced by a court if necessary. It’s usually advisable to have a lawyer review the agreement before it is formalised to ensure your interests are protected.

If parties are unable to reach an agreement during mediation, they retain the right to take the matter to court where a judge can make a decision on their behalf. It’s not uncommon for parties to resolve some issues in mediation and then seek a court’s assistance for unresolved matters. 

Mediation is not a one-shot opportunity; parties can choose to return to mediation at any time to try and work things out.

An experienced family lawyer can play a significant role in the mediation process by advising you on your rights and potential outcomes if your case were to go to court. During the mediation, they can serve as advocates, helping to negotiate agreements that protect your interests. 

Moreover, they can assist in drafting the legal documents that formalise the agreements reached in mediation, ensuring that they are enforceable and in your best interest.

Confidentiality is a cornerstone of the mediation process. Everything discussed during mediation is confidential and cannot be used in court later, with few exceptions (like in cases of disclosed abuse or threats). 

Mediators are bound by strict confidentiality rules, ensuring that the discussions and negotiations occurring during mediation remain private. This encourages open and honest communication, with parties feeling secure to discuss issues freely without fear of repercussions.