Any type of dispute can be suitable for Mediation, whether it is about parenting, child support, property division, or even some other area of law such as inheritance disputes or contract disputes.
Whether or not your particular dispute is suitable for Mediation depends on a number of different factors which your Mediator is required to assess at a Pre-Mediation Conference, which are held with you and your ex separately and before the Mediation.
During the Pre-Mediation Conference, the Mediator is required to consider factors including the safety, equality of bargaining power, and emotional, psychological and physical health of both you and your ex when determining whether your matter is suitable for Mediation. After both you and your ex have attended your Pre-Mediation Conferences, your Mediator will inform you whether your dispute is suitable for Mediation.
Simply contact us. We will obtain yours and the other party’s details and then make contact with them to invite them to participate in the Mediation process. If they choose to participate, we will contact you to schedule relevant meetings.
Our waiting list is generally 3-4 weeks’ long, however, we are able to hold urgent Mediations with only a few days’ notice, where necessary.
For urgent Mediations, the entire process can be completed within 48 hours, subject to parties’ availability. For most Mediations, the process takes about 2-3 weeks to complete.
Mediation Preparation has several purposes:
To achieve the above, we may ask you:
Most parties ultimately agree to participate, even where they have initially been reluctant. It might be necessary to let a little time pass, to start negotiations through a Lawyer, or perhaps even start Court proceedings, however, the other party is likely to eventually see the benefit in attending Mediation.
We are required to make at least two written requests for the other party to attend Mediation. If these requests are refused or ignored, we may then issue you with a section 60I Certificate, which allows you to start court proceedings for parenting orders.
We offer alternative arrangements to attending Mediation in the same room:
Telephone/Zoom Mediation: if you live at a distance from our Mediation rooms, or you don’t want to attend in person, we offer Mediations by telephone or Zoom so you can still participate in the process.
Shuttle Mediation: Each participant sits in separate and private rooms and the Mediator conducts the Mediation by going from one room to the other.
Yes, provided the other party is notified and has given prior consent to your support person attending.
Yes, provided the other party is notified and has given prior consent to your Lawyer attending.
The Mediator will provide you with a copy of the agreement. You may then act upon the agreement in good faith (in which case the terms of the agreement will not be binding and enforceable), or take the agreement to your Lawyer to arrange for it to be formalised so that it is binding and enforceable.
You have a number of options: you can wait for a little time to pass, you can attend a further Mediation, you can commence negotiations yourself or through your Lawyer, or you can start Court Proceedings.
Yes, attending Mediation does not stop you from going to Court.
A private room available for each participant to ‘break out’ of the Mediation – to have a snack, make phone calls, speak to their Lawyer or support person privately.
Family Law Mediation is technically known as Family Dispute Resolution under the Family Law Act 1975 (Cth). Except in limited circumstances, parties must attend Family Dispute Resolution (and have been issued a Section 60I Certificate) before they are permitted to start court proceedings for parenting matters.
A Family Dispute Resolution Practitioner is a Mediator with specialist training and accreditation to ensure the protection of parties and children in the Mediation process. A Family Dispute Resolution Practitioner must be registered with the Attorney General’s Department (Cth).
Yes. At Blue Sky we charge by fixed fee per party prior to the Mediation.
Blue Sky Mediation services areas from Port Macquarie and Tamworth to the Central Coast. We also offer Mediations by phone and Zoom. Alternative arrangements are easily made upon enquiry.