Frequently asked questions about family dispute resolution
- What happens in mediation?
- What are the benefits of using mediation?
- Is mediation suitable for me?
- How do we ensure the best for our children?
- What about my lawyer?
- How much will it cost?
- Will my situation be kept confidential?
- What if I have individual requirements?
What happens in mediation?
Mediation sessions generally run for two hours with most clients requiring four to five sessions spread over a number of weeks or months. While the process is tailored to the requirements of each couple, the following steps describe typical mediation:
Step 1: Contact your local Relationships Australia (SA) office to make an appointment.
Step 2: Individual interview with mediator to discuss your options and to work out if mediation is appropriate for you.
Step 3: If appropriate book joint mediation session.
At the mediation session:
Step 4: Identify and sort through issues that need attention.
Step 5: Discuss options that could be best applied to solve the identified issues.
Step 6: Talk through the issues until a workable solution and agreement is found.
Step 7: Summarise agreements verbally or in writing.
Further options may also be considered: Step 8: Formalising agreements into legally binding documents.
Mediation is conducted by a team of highly trained professionals who possess a range of qualifications including: law, counselling, psychology, social work and family therapy. All mediators have completed specialist training and supervised practice in mediation.
Mediators do not give legal advice, but will provide information. People attending mediation often obtain independent legal advice, and mediators in some situations will strongly recommend that you do.
What are the benefits of using mediation?
Mediation takes place in an environment that helps reduce acrimony and conflict. The benefits of mediation will differ for each person, but some of the main advantages are:
- Individual intake and assessment to help safely work out your options
- Solutions which both people have helped to create
- Cost-effective process
- Resolution that is faster than through the legal system
- Sessions that can take place at mutually convenient times
- Service which is private and confidential
- Legally secure agreements.
Is mediation suitable for me?
The mediation process can lead to valuable solutions for people who are separating, including those in married, de facto and same sex relationships. If you are deciding, or have decided to separate, this difficult period can be made less stressful through mediation.
For people who use English as a second language, we can arrange a professional interpreter to be present. A fee may apply. If you are coming from an abusive or violent relationship, we will meet with you and discuss whether mediation is the most suitable way for you to reach agreement about your separation. It is not necessary for mediation to take place with both parties in the same room. For more information on this, please contact your local Relationships Australia (SA) office.
How do we ensure the best for our children?
As well as helping adults, there are a number of ways we can offer support to you as a parent and to your children. We have information you can read, we can talk to you about your children, or we can talk with your children if that would be helpful for them and for you.
Children’s views can be involved in mediation through using a child consultant. Ask your mediator to explain this process or for information to be sent to you.
What about my lawyer?
While mediators do not provide legal advice, the process can be more successful when clients are aware of their legal rights and responsibilities. Mediators focus on helping you reach your own agreements; they do not take sides, represent either party, or provide financial or legal advice.
How much will it cost?
As a non-profit community organisation, Relationships Australia (SA) aims to provide an affordable service to all clients. Our mediation service is partially-funded by the Australian Government, however some fees do still apply. Reduced fees are available for concession card holders. Special arrangements may be negotiated for people on low incomes or with special requirements. Please contact us for more information.
Will my situation be kept confidential?
All information provided and discussed between mediators and clients is confidential. Confidentiality will only be waived when matters of a serious or criminal nature arise.
What if I have individual requirements?
Relationships Australia (SA) is committed to providing quality services to all people and understands that sometimes there are barriers that may prevent people from accessing community services. If you have any difficulty in accessing our services please speak to us about how we can help. For example, we can arrange for a cultural assistant or hearing interpreter to assist you if necessary.