Mediation can help you focus on the kids, reduce conflict, and settle out of court
Mediation is a way of resolving disputes without going to court. In Australia, the Family Court will not hear a matter unless the parties have first attempted mediation, with few exceptions.
Private mediation can:
be more flexible,
be faster,
provide more support to parties, and
provide a less stressful experience
than mediation through a government-funded Family Relationship Centre.
Intake & Assessment $300 per person
60 minutes per person (separate sessions) for parenting only or property only
Each person is required to attend
This step is required by the Attorney General's Department to ensure safety
Includes invitation to the other party and 60i certificate if required
Mediation – parenting $1100 per person
2 hour pre-mediation session via zoom or in-person in Mornington (additional fees apply)
4 hour mediation once each party has attended pre-mediation
Joint – via zoom or in-person in Mornington (additional fees apply)
Hourly Mediation Rate $265/hour per person
If we run out of time in our first session together we can schedule an additional session
Parenting Agreement $500
If you both want a more detailed parenting plan that we've produced during mediation (more detailed than the agreements written up at mediation) I will produce a formal parenting plan and send it for signature by both parties. Includes up to 3 hours of time which includes:
phone calls
emails
writing up the plan and sending for signature
Mediation - Property $1100 per person
Before meeting for mediation I will conduct a review of all property data with each party, separately. This will take approximately 1 hour.
After meeting with each party I will produce an email with a package for each party, separately, designed to make your meeting with a lawyer extremely efficient. It will contain points of discussion from our property review session as well as questions you can use to guide your discussion with your lawyer.
Once each party has had time to meet with their lawyer we will schedule a 4-hour mediation session.
If you come to an agreement I will produce a Heads of Agreement which you may take to your lawyer who will assist with making your agreement legally binding.
AMICABLE SEPARATION - PROPERTY $2800 TOTAL
If you've come to an agreement regarding your property settlement and want to make it legally binding we can help! Smoother Separations will prepare draft documents which will be finalised by a lawyer who will execute procedural fairness and make sure your documents are filed correctly so you don't have to worry. You can split this cost between you or not. It's the least expensive way to make a legally binding financial agreement without the risks associated with doing it yourself and getting it wrong.
The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through family dispute resolution (FDR) before filing an application for parenting orders in court.
Attorney-General's Department Australia
If you have children then you will most likely need to interact with your former partner for many years to come. There will be birthdays, school concerts, sporting events and graduations. Then weddings and grandchildren happen.
Do you want to be in conflict with your former partner for all of these important occasions? For so many years? How will that impact on your children, grandchildren and possibly great-grandchildren?
Mediation can empower you to discuss issues and find common ground, to develop your own parenting plan and property settlement without being dictated to by a judge or incurring the costs of negotiating through lawyers. Co parenting coaching can help you reduce conflict and smoothly adapt to the new realities of parenting separately.
Lawyers Only:
Compare the typical cost of mediation to the cost of taking a matter to court:
Court: $100,000 EACH to get to final trial
Negotiation via lawyers: starting at $20,000 EACH (each letter will cost $1000)
Mediation:
Parenting matters only: $1400 per person (1 mediation session)*
Property settlement only: $1,325 per person (1 mediation session)*
Parenting matters and property settlement: $2,385 per person (2 mediation sessions)*
If you want to turn agreements into consent orders using a lawyer it will generally cost from $2,000 to $5,000 total depending on the complexity of the financial settlement*
*These are estimates – your matter might cost more or less depending on your unique circumstances.
Frequently Asked Questions
Children in Mediation
Can our child/children attend mediation?
No. Mediation is a place for adults to discuss adult issues and make adult decisions in the best interests of their children. It is never appropriate for a child to attend, or overhear, a mediation session. To do so would be to put the child’s psychological wellbeing at significant risk. All children want is the love and approval of BOTH parents. They should never be put in a position where they feel pressured to choose one parent over the other.
My child wants to have their say, or I want the other parent to hear what our child has to say.
It can be very beneficial for the child’s voice to be heard during mediation so parents can make informed decisions together. Child Inclusive Practice provides an opportunity for the child/children to meet with a qualified child consultant in a safe and supportive space. The purpose is to provide the child/children with the opportunity to express their feelings and thoughts about the separation. The child consultant provides feedback to the mediator and both parents in a separate session. Both parents must agree to child inclusive mediation. Ask for more information.
What is the Mediation Process?
Basic Mediation Process for Family Dispute Resolution
HOW LONG WILL MEDIATION TAKE?
It depends. If you already have parenting arrangements, are not in high conflict and simply want to discuss one or two issues, it will be faster than if you are in high conflict and are just starting the process. Please set up a free consultation to learn more.
IF WE BOTH AGREE TO ATTEND, CAN WE START MEDIATION IMMEDIATELY?
Not quite. Each party must attend an assessment session. If both parties are able to attend assessment in a timely manner and are willing to attend mediation, and mediation is assessed as being appropriate, then we can get started with mediation quickly. However, if one party is reluctant then it can take some time to ge things organised. It all depends on how motivated everyone is to proceed.
WHY COULD MEDIATION BE INAPPROPRIATE?
We must ensure that it is emotionally and physically safe for mediation to proceed. Mediation can be contentious. Where there has been domestic violence mediation might increase danger for the affected party. You can find more information here:
Copyright © 2024