What is mediation?

Mediation is a way to settle a dispute, like family separation, without going to court. Over a handful of meetings, families make a plan for their future and make all the important decisions that affect them and their children.

Family Dispute Resolution (FDR) is a specific form of mediation. The main objective of FDR is to help separating families reach an agreement about what life will look like for them and, most importantly, their children after the separation.

An experienced, neutral, and accredited mediator known as a Family Dispute Resolution Practitioner guides this process. FDR is a practical and low cost alternative to going to court.

Separation is never easy.

But mediation can be.

Although mediation and family court can arrive at the same end result, the process to get there is very different.

The main difference with mediation is you stay in control.

When you go to court to settle a dispute, the judge will ultimately be the one who decides the terms which you and your children must live by going forward.

The fate of your assets, savings, income, activities, and when you can and cannot see your kids are left up to the judge’s discretion. 

With mediation you decide your fate.

At its most simple, mediation is a conversation between disputing parties with the goal of reaching an agreement that all parties can live with.

A mediation practitioner is an individual with deep legal knowledge. The mediator guides the conversation and acts as a bridge between parties. 

The mediator helps you come to a resolution, but the terms of that resolution are left up to you. At the end of a successful mediation, both parties have a plan that represents the best interests of everybody involved.

When compared to the typical expense and time commitment of going to court, mediation is a quick, cost effective way of coming to a resolution.

Let’s take a look at some comparisons between court and mediation, for both money and time.

Family separation that proceed to court can get very expensive, very quickly. It’s not uncommon for contested divorces or separations where parties cannot reach an agreement to end up costing both parties tens if not hundreds of thousands of dollars.

Then there’s the time it takes to proceed through the court system. The Family Court of Australia is overloaded with cases with some people waiting years just to get their day in court.

In NSW, it’s not uncommon for individuals to wait three years from when a matter is lodged in the family court and that matter finally being heard. During that period, your life is essentially “put on hold”.

Family separations that are resolved through mediation are far quicker and far cheaper.

At Gosford Legal & Mediation, we are upfront and transparent about our fees. Please see our fees page for a detailed breakdown of our fees.

We can often arrange our first meeting within a week of you contacting us. The total time to resolution depends on the complexity of the case. But, unlike the overflowing court system, we can assure you that you and your family are our number one priority until that day is reached.

Everyone begins mediation for different reasons. Here are a few common scenarios that precede the mediation process:

• You decide to pursue mediation

• The person or persons on the other side of the dispute wants to mediate

• A court will order mediation take place

No matter the reason, once mediation begins the following steps take place:

1. You contact Gosford Legal & Mediation and we help you decide if mediation is right for you.

2. Once we decide mediation is appropriate, we book you in. We can often get the mediation process started the very next week.

3. We contact all involved parties seeking information about the disputed issues. We arrange a time that works for everyone to meet and have a conversation.

4. At mediation, we help all parties set an agenda for how the discussion will proceed.

5. Everyone is given equal time to discuss the issues at hand uninterrupted.

6. At the end of a successful mediation, we help you produce a written plan and agreement that both parties can live with.

Under Australian law, it is compulsory for separating parents to attempt Family Dispute Resolution mediation before applying to proceed through a family court.

Before the matter can proceed to court, separating parents must obtain a Section 60i certificate from a certified FDR practitioner.

If for whatever reason the mediation is unsuccessful, or if due to family violence or potential risks to children mediation is not appropriate to the situation, the FDR will issue a Section 60i certificate.

We’re one of the only family dispute resolution providers on the Central Coast with the services of a barrister.

This means that every family we help has access to a wealth of legal experience and knowledge. The unique resolution model we’ve developed is designed to ensure fair and robust agreements that all parties can live with, and that are truly in the best interests of the children.

We use our legal expertise to help you take control of your future on your terms. Not a judge’s.

PARENTING PLANS

Parenting Plans are crafted by parents with the assistance of an accredited family dispute resolution practitioner to empower separated parents to take responsibility for the important decisions about caring for their children. 

SECTION 60I CERTIFICATES

Should the parties be unable to resolve their dispute at mediation, Gosford Legal & Mediation will issue a section 60I certificate to allow the matter to progress to court.

SEPARATION & DIVORCE MEDIATION

Are you at the wrong end of a long waiting list for a Central Coast mediation?  Gosford Legal & Mediation knows that the key to resolving disputes effectively, early intervention is essential. We are here to help you now. As long as parties are willing, able, and available, our whole process usually takes between one and two weeks.

MEDIATED PROPERTY & FINANCIAL SETTLEMENT

Mediation allows parties in dispute to develop a property and financial settlement that recognises each person’s contribution, superannuation, other assets and liabilities and addresses each party’s needs in a timely and cost-effective manner, without the stress and expense caused by going to court.

Separation is never easy.

But mediation can be.