Divorce Mediation Tips in Perth

Mediation is a proven way to resolve a dispute when you separate. For many people it is a quicker, more cost-effective route than court, and preparation for the joint session is what makes the difference. There are no guarantees you will get the outcome you want, but the right approach improves your chances of a workable result. 

Prepare before the session 

Good preparation sets the tone for the whole day. Think about the issues genuinely in dispute, take responsibility for your part in resolving them, and come ready to work towards an outcome rather than to relitigate the past. Read any material the mediator sends beforehand, and think about which points you can move on and which you cannot. Knowing your priorities in advance saves time on the day. 

 Come with an open mind and be ready to hear the other party’s ideas. 

• Plan your opening statement, since the mediator uses it to set the agenda. 
• Be clear about the issues in dispute and the sources of conflict. 
• Prepare realistic proposals and know what you want. 

During the session 

Focus on the future and on resolving the dispute in a fair and timely way. Listen properly, let the other party finish before you respond, and ask questions if you do not understand something. Be genuine about wanting a resolution, because long, drawn-out litigation costs both parties. Keep your attention on the questions that need to be settled, and let the mediator manage the order in which they are dealt with. 

There are a few habits that derail mediation, so try to avoid them. 

• Playing the blame game or making accusatory “you did” statements. 
• Saying “yes, but”, which wipes out everything you said before it. 
• Reacting to demands or threats. 
• Making assumptions and jumping to conclusions. 

Get advice, especially on the numbers 

Advice from a specialist family lawyer can make all the difference. Ask about the best and worst outcomes you could expect if the matter went to court, and be clear on the costs of litigating, so you can hold an informed discussion with the other party. That view of the range of likely court outcomes is what keeps proposals realistic and stops the day drifting. 

For parenting matters, think about what is in the best interests of the children, including holidays, special occasions, handovers and communication. Framing proposals around the children’s care, stability and routine tends to move a discussion further than arguing over the past. For financial matters, bring a schedule of assets and liabilities and documents that evidence the values you attribute to items. This leaves little room for disputes over value. If you own a business or hold complex assets, consider advice from an accountant and financial adviser on the effect of any proposal before you agree to it. 

If you reach agreement at mediation, your lawyers can prepare a Heads of Agreement or a Minute of Consent Orders on the day, and then formalise it into Family Court orders so the agreement is binding on both parties. Reaching your own agreement this way is usually quicker and less costly than a contested hearing. Going in prepared, with your documents and proposals ready, is the single biggest thing within your control. 

Unrealistic expectations can make mediation feel like wasted time and money, so understand the process before you go, and ask your lawyer if you are unsure of anything. As the largest team of specialist family lawyers in WA, we can prepare you for mediation and give you a tailored path forward. Book a free 15-minute consultation with Leach Legal.