Let’s go to mediation

You and you partner have agreed to attend with a mediator to attempt to resolve the property and other financial matters of your relationship.

HandshakeHow do I select a mediator?

There are many different models of mediation and you may wish to shop around for the most suitable mediator.

Ask them in advance of how they will conduct the mediation process. What is the style and approach they will adopt?  Will the mediator have experience in family law financial matters?  What has been the experience of the mediator in his or her mediation practice?

What am I looking for in a mediator?

Ideally you will look for a mediator who enjoys a good reputation in the market place and can display a sympathetic but firm attitude to the task at hand.  You may prefer a mediator who will facilitate the process but also carefully guide you along the way.  Of course, strategies that will assist in problem solving are so important in a mediator to achieve a good outcome.

Essentially you should appoint a mediator who will listen to you with patience, be even handed and not favour one party over the other and have the ability to develop a rapport with the parties.

What should I avoid?

At all times you must be polite and civil to each participant other during the mediation process.  The mediator will not tolerate conduct that is rude.  You do not wish the sessions to be terminated as the mediator is unable to tolerate inappropriate conduct.

Do not bring along a support team to sit in with you during the mediation process unless you are unwell and the other party and the mediator have agreed in advance to a stranger attending.

How I should I approach mediation?

  • Be open minded and flexible
  • Prepare your case for open discussion
  • Bring along relevant financial material you seek to rely upon
  • Talk to your lawyer in advance to discuss options and outcomes
  • Discuss legal costs that could be incurred should you not resolve your issues at the mediation
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