How does Mediation Works?

Understanding Parenting (FDR) Mediation at Olive Mediation

Navigating family disputes can be challenging, especially when it involves parenting. Olive Mediation offers structured Family Dispute Resolution (FDR) services to help reach mutual agreements. Here’s a concise overview of our parenting mediation process:

Step 1: Mandatory Intake for Party A
Party A books an intake session to outline their concerns and desired outcomes. The mediator assesses if mediation is appropriate at this stage. The cost is $330.

Step 2: Mandatory Intake for Party B
Party B schedules their own intake session to discuss issues for mediation. The mediator evaluates if mediation is suitable. The cost is $330.

Step 3: Suitability Assessment & S60I Certificate
After the intake sessions, the mediator decides if mediation can proceed. If suitable, a mediation date is arranged, and preparation resources are shared. If unsuitable, a Section 60I certificate is issued for court proceedings.

Step 4: Mediation Session
This session is conducted online and lasts for 3.5 hours. A parenting plan may be established if both parties reach an agreement. If unresolved, a Section 60I certificate can be requested.

Understanding Property Mediation at Olive Mediation

Property mediation at Olive Mediation is a structured process designed to assist separating parties in resolving financial disputes. Here’s an overview of our approach.

Step 1: Mandatory Intake for Each Party

Both Party A and Party B will have separate intake sessions with a mediator. These sessions allow the mediator to understand the issues in dispute and assess whether mediation is suitable.

Step 2: Disclosure Intake Questionnaire

Parties complete a disclosure intake questionnaire at least two weeks before mediation. This helps the mediator grasp the scope of the asset pool.

Step 3: Disclosure Review

Each party will meet privately with the mediator to review the disclosure questionnaire and discuss any items for inclusion on the mediation balance sheet. This review addresses any disclosure issues and can last up to an hour.

Step 4: Mediation Session

The 3.5-hour online mediation session allows parties to discuss and potentially agree on terms. Agreements are often formalized in a Heads of Agreement, which can be transformed into a legally binding financial agreement or Consent Orders. If further advice or actions are needed, another mediation session can be scheduled.

Understanding Legally Assisted Mediation at Olive Mediation

Legally assisted mediation at Olive Mediation provides structured support with legal guidance. Here’s a brief overview of the key steps involved:

Step 1: Lawyers' Invitation to Mediation
Lawyers often nominate Olive Mediation as one of three preferred mediators. Parties A and B then select their preferred mediator to facilitate the process.

Step 2: Book Mediation Online
Parties A and B, with their lawyers, collaborate to select a mediation date online. Party A provides a list of dates, and Party B responds within 24 hours to confirm the booking.

Step 3: Confirmation Email
Within 24 hours of booking, Olive Mediation sends a confirmation email containing a timeline, statement of issues, and details about mandatory intake sessions, ensuring all parties are prepared.

Step 4: Mandatory Client Intakes
Preparation is essential. Each party meets with the mediator for an intake session to discuss their emotional readiness and separation experiences. Lawyers are welcome to attend, but it’s not mandatory.

How Legally Assisted Mediation Works at Olive Mediation

When you’re dealing with family or property disputes, legally assisted mediation can be a structured way to reach agreements with legal guidance. Here’s how the process works at Olive Mediation.

Step 1: Lawyers’ Invitation to Mediation
Lawyers often suggest Olive Mediation as one of three mediators for either Party A or Party B to select. This selection focuses on resolving parenting or property matters with a mediator who meets both parties' preferences.

Step 2: Book Mediation Online
The lawyers for both parties collaborate to choose a suitable mediation date, which can be booked directly through our website. To ensure availability, Party B is advised to confirm a date within 24 hours after receiving suggested dates from Party A.

Step 3: Confirmation Email
Once booked, Olive Mediation sends a confirmation email to both lawyers within 24 hours. This email includes timelines for document exchange, a statement of issues, a draft balance sheet, and information about mandatory intake sessions.

Step 4: Mandatory Client Intakes
We emphasize preparation for successful mediation. Each client attends an intake session to share their separation experience, allowing the mediator to address any emotional concerns that might impact legal discussions. Lawyers are welcome to join these sessions if desired.

Step 5: Exchange of Documents
Olive Mediation ensures that all relevant documents, as outlined in the confirmation email, are shared before mediation. Full and frank disclosure from both parties helps establish a level playing field and promotes a fair resolution.

Step 6: Summary of Issues
Instead of a Mediation Position Paper, we require a “without prejudice” summary of issues from each lawyer. This form clarifies each party’s perspective and is exchanged before mediation, allowing both sides to prepare adequately.

Step 7: Confirmation of Funds and Confidentiality Agreement
Before the mediation session, Olive Mediation confirms that both parties have contributed their share of the mediation fee and signed a confidentiality agreement, ensuring a secure and private environment.

Step 8: The Mediation Session
The mediation is held online, lasting 3.5 to 7 hours, depending on the case's complexity. The goal is to address and refine legal issues, helping both parties reach a final agreement. If the session is an FDR and mediation is unsuccessful, a Section 60I certificate is issued, allowing parties to proceed to court if necessary.

If you're ready to take the first step toward resolving your dispute, Olive Mediation is here to guide you through every stage with clarity and support. Whether you're navigating parenting arrangements, property division, or need legally assisted mediation, our team is committed to helping you find a fair and amicable resolution.

Book a free 15-minute consultation on our website: www.olivemediation.com.au.

Contact Olive Mediation today to learn more about how we can support you and your family.