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Mediation Process

FAQs

How do I prepare for mediation?

Before you attend the mediation meeting…
• Identify relevant issues to discuss
• Prepare a short Statement listing your concerns
• Consider seeking independent legal advice beforehand on the probable outcome of litigation, to enable you to evaluate options that may be offered at the mediation
• List options which you might accept to end the dispute
• Prepare yourself for mediation, keeping an open mind

What do I do at the mediation?

At the mediation meeting, you should try to
• State your point of view clearly
• Listen carefully without interruption to the other side’s point of view
• Assess all options that may benefit you and the other party
• Comply with the mediator’s directions outlining the steps in the mediation process
• Be willing to co-operate and be prepared to reach an agreement

What is the Mediator’s duty of care to the parties?

Mediators, to the best of their abilities, owe their clients a duty of care from any potential harm that may arise during mediation, as well as owing a wider duty of care to any children that may be negatively affected by the mediation process.

Can I attend mediation with my lawyer?

Westminster Family Mediators welcome mediations where parties are legally represented.
To avoid an imbalance of power in the negotiations we request that all parties agree before the mediation is scheduled that either both parties are legally represented or that both parties attend in person.

When can the mediation process be terminated?

If the mediation process has commenced, but various issues have surfaced which lead the mediator to believe it was not appropriate to continue with the process the mediator may terminate the mediation.

What is the cost of mediation?

Westminster Family Mediators will charge on a fixed rate basis for either half day (up to 4 hours) or full day (6-8 hour) mediations.

In most cases our fees are shared equally between the parties and are payable whatever the outcome of the mediation.

As the mediator’s costs are largely a function of time, the quicker pace of mediation often means that mediation costs are significantly less than if the dispute went to court for determination. Additional fees may be chargeable for time spent in preparation, research or reviewing documents. Please refer to our Agreement to Mediate which would be signed by both parties prior to the mediation.

What is the aim of mediation?

The main aim of mediation is to reach a resolution and to minimise any court action because it can be an expensive and emotional process.

CAUTION:
Mediation does not suspend the operation of a statutory time limitation.
It is recommended you obtain legal advice on this important legal principle in the possible event that mediation fails and you are obliged to litigate.

Get expert advice from
a Family Law Specialist

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