The Mediation Process

At Divorce by Mediation (DBM), we specialise in providing mediation services in family law matters as a more efficient and cost-effective alternative to Court.

Process Overview

Our goal is to facilitate a smoother, amicable and less stressful process for settling property settlements and parenting matters.

Any discussions and negotiations at mediation are strictly confidential. It means that, if the parties do not reach an agreement at mediation and the matter ends up in Court, nothing either party says at mediation can be reported to the Court.

This protective measure is codified in legislation, which stipulates that communications during mediation cannot be disclosed or admitted as evidence in legal proceedings, with very few exceptions. This enables the parties to have a frank and constructive dialogue and explore all options for settlement freely, without fear that their words may be used against them in Court at a later stage.

Our Process Steps

The DBM streamlined mediation process is designed to ensure clarity and comfort for all parties involved.

Step 1: Booking

Check availability with us and coordinate with the other party to schedule a date for the mediation.

Step 2: Mediation Agreement

Each party signs a Mediation Agreement to officially commence the mediation process.

Step 3: Provision of information

Eash party provides to the mediator the details about the nature of the dispute and the topics to be discussed, as well as Case Summaries and Balance Sheet, if needed.

Step 4: Pre-Mediation/Intake Conference

This step is designed to ascertain the suitability of the matter for mediation, explains the mediation process in detail, and allows the mediator to understand the interests and goals of each party.
Up to two weeks before the scheduled mediation, our mediator conducts a confidential in-take video conference with each party and their legal representatives if any.

Step 5: The Mediation session – half day or full day

Parties attend mediation session, with or without solicitors.
The mediation typically begins with a joint session, unless circumstances dictate otherwise (such as safety concerns or a request for shuttle mediation).

The process is flexible, adapting to the issues at hand. It may include:

Private sessions with each party.
Meetings with lawyers, if parties have legal representation.
Ongoing joint sessions to explore and negotiate potential solutions.

Step 5: Documentation

The mediator sets out the terms of any agreement reached during the mediation in the Heads of Agreement. If the parties are represented, the solicitors provide their input into this process.
Additionally, on the parties’ election, the mediator can draft Consent Orders documents based on the Heads of the Agreement. This is a separate task, which is completed within 3 days of the conclusion of mediation. The mediator provides the draft Consent Orders documents to the parties, who review and sign them.

Important note:

As a neutral party, the mediator cannot provide advice to either party as to either party’s relevant rights under the Family Law Act and the effect and consequences of the terms of the agreement reached by the parties or the Orders being made in the terms proposed.

If the parties wish to obtain advice with respect to the advantages and disadvantages for them in making the Orders proposed to be formalised in Consent Orders, each party will need to retain an independent solicitor.

While there is no legal requirement to have a solicitor at any stage of the preparation of Consent Orders, it is prudent to obtain independent legal advice before finalising your matter, especially in complex property or parenting disputes.