Our Process
Home / Process
The Mediation Process
Intake is the first step in proceeding to Mediation or Family Dispute Resolution. The role of the Mediator here is to screen the parties and the issues in dispute for their appropriateness to proceed to Mediation or Family Dispute Resolution.
This usually takes the form of a phone call with your Family Dispute Resolution Practitioner, of about half an hour in duration, where you get to freely discuss your issues in dispute and any concerns you may have about attending Mediation or Family Dispute Resolution process. If you have concerns about your safety, this is the stage where such concerns can be raised.
While Domestic and Family Violence may not preclude your matter from proceeding to Mediation or Family Dispute Resolution, Janelle can listen to your experience as a victim of Domestic and Family Violence and ensure appropriate settings and rules for the Mediation or Family Dispute Resolution are put into place.
During the Intake process, you are able to let Janelle know what you wish to raise as an issue, points of discussion or concerns you may have. This assists Janelle in constructing an agenda for the day of the Mediation or Family Dispute Resolution and ensures that all issues you want to address are addressed during the Mediation or Family Dispute Resolution itself.
Mediations or Family Dispute Resolution can be undertaken via video conferencing facilities such as Zoom or Teams, for example, if a party to the Mediation or Family Dispute Resolution has safety concerns or lives interstate. For “in person” Mediations or Family Dispute Resolution, Janelle can ensure appropriate measures are put into place to ensure all parties feel safe and are on an even “playing field” for the day of Mediation or Family Dispute Resolution.
Janelle ensures that most Mediations or Family Dispute Resolution are undertaken using the “shuttle” format. The shuttle format means that each party, and their legal representative should they have one and choose for that Solicitor to attend the Mediation or Family Dispute Resolution with them, are placed in a separate room to the other party and/or their Solicitor. In essence, you will not see or come across your estranged partner during the Mediation or Family Dispute Resolution process.
This helps people feel safer and calmer during the Mediation or Family Dispute Resolution process. It also ensures the parties feel free to make offers of settlement or proposals to the other party without feeling pressured or intimidated to do so.
During the Mediation or Family Dispute Resolution, Janelle will “relay the messages” between yourself and the other party to the dispute. In essence, Janelle will take all issues or responses back and forth between the two rooms and ensure all matters identified in the agenda are addressed and dealt with on the day of the Mediation or Family Dispute Resolution.
When a dispute is resolved at Mediation or Family Dispute Resolution, Janelle will draft a Heads of Agreement, in the event a solicitor is not present to do so and both parties are representing themselves. This Agreement will set out the agreements that have been reached between the parties. This document that can be given to a Family Law Solicitor and then drafted into Consent Orders to be filed with the Federal Circuit and Family Court of Australia, or a Binding Financial Agreement. In terms of Parenting agreements, these can be alternatively drafted into a Parenting Plan (which is not legally binding) if the circumstances are appropriate.
Janelle works closely with both sides to make sure the Heads of Agreement properly captures everything discussed and agreed. This thorough approach ensures a solid record, drafting a legally binding document that accurately reflects the agreements reached between the parties which makes the drafting a relatively simple process and reduces the risks of agreements reached collapsing.
If the dispute isn’t fully resolved, Janelle still keeps things moving by noting down any partial agreements or progress. These can be a great starting point for future talks or legal steps, helping to keep the momentum going and reducing the issues in dispute.
For any issues still up in the air, Janelle provides a clear summary of what’s left to sort out and suggests next steps, like further mediation or other ways to resolve things. This keeps the process productive and focused on a fair result.
Contact Us
For any inquiries or to book a session, please use the appointment form below—we’re here to help you move forward with clarity and support.