What Does the Mediation Process Involve?

Mediation can be a useful way to resolve family law disputes, even in complex or high-conflict matters. At Leach Legal, we regularly take part in mediations and have a high success rate. Court proceedings are not always necessary, and many separation and financial matters are resolved through negotiation or mediation. Approaching mediation with preparation and clear advice puts you in a stronger position, particularly where the asset pool is complex. 

The process is tailored to the parties, so no two mediations are identical, though most follow a similar path. 

Before the mediation 

Both parties agree on the mediator, who is usually a retired Family Court judge, or a senior lawyer or barrister with family law experience, to help the parties through the process. Before the mediation, the mediator meets each party individually for a pre-mediation intake session, asking for some information about the case and explaining how the process works. This gives each person a chance to become familiar with the mediator and ask questions, and lawyers are generally present. Parties often exchange certain information beforehand so each side understands the other’s position and proposed settlement, and the mediator is provided with those documents. 

On the day 

Mediation is usually held at a location agreed between the parties, most often the offices of one of the lawyers or the mediator, with two or three rooms available so each party can seek private advice from their lawyers at any time. It is often scheduled for a full day, though the exact time depends on how negotiations progress, and some matters finish by lunchtime while others run the full day. 

The day depends on the individual case, but it usually runs like this: 

• It begins with everyone in the same room, where the mediator sets out the ground rules to be followed by all involved. 
• Some mediators invite each party to make an opening statement about what they hope to achieve, though this is not compulsory and depends on what suits the people involved. 
• In financial matters, the parties work through the assets and liabilities schedule and any specific issues that need to be resolved. 
• The parties then move into separate rooms with their solicitors, and offers and counteroffers pass back and forth for the remainder of the day. 

Reaching an agreement 

If the parties reach an agreement, their solicitors help prepare a Heads of Agreement or a Minute of Consent Orders to document it if time permits, and the parties sign. After the mediation, the solicitors usually work together to formalise the agreement, generally by having it made into Family Court orders. 

Because any agreement is reached by the parties themselves rather than imposed by a court, mediation can resolve disputes at a lower cost and without the delay of a contested hearing. Once an agreement is made into Family Court consent orders, it becomes binding on both parties. 

Well-prepared mediation can resolve even complex financial matters and give you certainty sooner. Talk to the specialist family lawyers at Leach Legal about whether mediation suits your matter.