How Does Bourke Family Mediation Work?

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Bourke Mediation follows strict government regulations and guidelines for our Mediation Practice. This ensures an ethical, confidential, safe and fair experience. 

Step 1. Intake Session

Intake is when I talk to each party separately and confidentially to gather necessary details about you and the relationships background. This session is completely confidential. Nothing from the Intake session can be mentioned in the mediation session, unless you decide to bring it up yourself. 

Each party has their own individual intake session appointment time. The intake session can be conducted face to face with me, or over the phone. 

The person who instigates the mediation will usually have their intake session first. From here the other party is invited to have an intake session. An intake session will also determine for me as the mediator if your case is suitable for mediation or not. Only very rare circumstances are not suitable for mediation.

Step 2. Mediation

Once you have had your Intake Session, a mutually agreed upon time and date is decided upon for your Mediation. 

Your intake session will have determined the style of Mediation suited to you. It may be decided that shuttle mediation is appropriate, or it could be that face to face mediation or even phone mediation will be the most suitable. Which ever style of mediation you have, it will follow a structure which I will go over with you prior to the mediation to ensure your understanding of the days processes. You will be able to ask me questions and get ready for your mediation session. In short, your mediation will have an introduction where each party will have an opportunity to table their concerns. From here theses concerns are addressed. Each party will have an opportunity for a one on one private discussion with the mediator before the mediation is closed.

In the Mediation Session.

Some Mediations only need half a day, while others may need several full days. Each family is different. 

Your Mediation Session is bound by strict confidentiality laws. Nothing from the mediation session can be talked about by any party outside of the mediation session. This includes your mediator. Only if information is subpoenaed by the court, or if your mediator believes there is risk to another persons safety will the mediator disclose information from the session to the appropriate authorities. 

Step 3. After Mediation

if you have reached agreements in your mediation session, you can make the choice to lodge them with the court to formalise your agreements into a court order. 

If you do not reach any agreements, you may mediate again, or you may choose to move forward to make an application to the court depending on the Section 60I Certificate given to you by your mediator.

Long distances can be a factor in mediation. You may live in a rural area, and not have easy access to mediation services or one party may even be located internationally. Bourke Mediation offers a Phone Mediation Service to support these situations. Phone mediation follows the exact same Structure as normal face to face mediation, it is just conducted by phone. Call Rebecca on 0439 557 717 for more information or to make a bookng

Shuttle mediation follows the exact same structure of face to face mediation, which is outlined above. The difference with shuttle mediation is that for whatever reason it is in the best interests of the parties to be in separate rooms. The mediator shuttles between the parties to conduct the mediation session.

The Family Law Act requires that parents that are not in agreement about their child’s parenting arrangements must attend mediation. They must also obtain a Certificate of Attendance (Section 60I Certificate) before an Application for a parenting Order, can be made to the court.

The types of section 60I certificates, which may be issued are:

• you did not attend because the other party refused or failed to attend;
• you did not attend because the practitioner (mediator) considered that your circumstances were not appropriate for Family Dispute Resolution;
• you did not attend and the parties did not make a genuine effort to resolve the issues; or
• you did attend and the other party (or you) did not make a genuine effort to resolve issues.

From 1 March 2009, Family Dispute Resolution Practitioners have been able to issue an additional type of certificate. It states that the Family Dispute Resolution (mediation) started, but the practitioner considered that it would not be appropriate to continue.

When filing an Application, the court requires that a copy of the Section 60I Certificate be filed with the court Application. 

Who Pays for Mediation?

Sometimes one party will offer to pay for the mediation, other times the parties decide to split the costs. Full payment must be made prior to the mediation. 

Will our agreements be legally binding?

No. Mediation agreements are not legally binding. 

How do we make our agreements legally binding?

You will need to submit your mediation agreement to the court. This will then become court orders.

Can Mediators give legal advise?

No. Mediators do not give legal advise.

Can Mediators help make decisions?

No. Mediators are impartial. Mediators facilitate you to make your own decisions.

Can I bring a support person with me?

Yes. The other party must agree to your support person being present. Your support person cant speak for you or make any decisions. they are there just to support you.

What if there is an AVO in place?

You can still mediate. How the mediation is conducted will be the difference. Shuttle may be more appropriate for these situations.

What if I don't know what I want from Mediation?

This is common for many people. Just coming along to mediation may give you a clearer idea of what is important to you. Getting some pre-mediation counselling can be helpful in these situations. Remember, each party has equal balance of power in mediation and each party is able to agree or disagree to different things. Mediation is not about winning or losing. Its about coming to an agreement that each of you can live with. Bourke Mediation offers a counselling service. Call Rebecca on 0439 557 717 to find out more or to make a booking.

What if our agreements aren't working?

The beauty of mediation is that when circumstances change or when the old agreements are not working any more, you can always come back to re-visit what is working and what is not working to better enhance the quality of your family's life. 

How long does a Section 60I certificate last for?

A section 60I certificate is valid from 12 months from the date it was issued.