Mediation is a process of facilitated discussions that is an alternative to legal proceedings. Mediation is led by a third party neutral person who is accredited and trained in accordance with the National Standards (AMDRAS) or who may be registered as a Family Dispute Resolution Practitioner by the Attorney-General's Department. Unlike legal proceedings where matters are determined by someone other than the parties such as a Tribunal Member, Commissioner or Judge, the mediator does not determine, evaluate or take sides at any time. Participants are empowered to make decisions together.
The simple answer is no, however in some cases parties may wish to retain a lawyer to provide them with legal advice throughout the process. A mediator is impartial at all times and this means they cannot provide the parties with independent legal advice even if they are a lawyer. If you decide that it is best for your lawyer or another professional advisor to attend mediation each party pays for their own associated costs.
Angela provides participants with a safe space to commence respectful discussions to empower participants to work together, generate solutions and explore options that go to the heart of participant interests in reaching an agreement. Angela brings a calming effect to discussions, assists in defining the issues in dispute and harnesses opportunities for participants to reach win-win outcomes. Angela encourages participants to make the most of their discussions to avoid legal costs, process delay and uncertainty often associated with litigation.