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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 is an advanced skilled practitioner with experience managing power imbalances. Angela is able to make subtle adjustments to the process to ensure all parties are comfortable and feel heard during discussions.
It can be helpful to bring a friend, family member or associate who you trust and who may offer emotional support to you during mediation. There are times when this is not appropriate. If agreeable by all parties, attendees other than lawyers will be asked to sign a mediation and confidentiality agreement to protect participant privacy. It is not intended that they speak for you. If you need someone to speak on your behalf, this a representative and you should seek a person with specialist qualifications and experience, for example a legal practitioner, accountant or financial advisor.
Mediation is offered in person, by video conferencing and teleconferencing. Depending on your preference this may alter the fees. Video and teleconferencing mediation fees are $450 + GST per hour for up to 4 hours (minimum flat fee $1800.00 + GST for the first 4 hours). The fee is equally shared or as agreed between the parties. Time spent after 4 hours will be considered a full day. The total for a full day commencing at 9am will incur a fee of $3600.00. A fee of $475 + GST is billed at 15 minute increments for for time spent preparing for mediation including reading submissions, court, medical or specialist documents, private and confidential intake sessions, mediation, drafting agreements and issuing of section 60I certificates (family mediation). In person mediation will incur additional costs for the venue. All fees invoiced, must be paid by no later than 7 days prior to intake to secure the time and date of the intake session and mediation. Cancellation Fees apply. Accredited Mediation Services may from time to time increase or change the conditions of payment. Parties will be notified of terms prior to securing the date and time. Please contact Accredited Mediation Services if you wish to receive further information regarding the standard Mediation Agreement. Parenting Co-ordination fees are set out and contained within the Helpful Factsheet located on the Accredited Mediation Services website. Simply click on the Parenting Co-ordination tab and download the Factsheet.
At Accredited Mediation Services the model commences at intake sessions conducted separately with parties. Angela will explain the process, obtain each party’s perspective and assess how to structure services, if suitable. At Accredited Mediation Services the focus is on problem solving, not causing future harm. Angela values the importance of intake sessions to achieve successful outcomes from mediation. Unfortunately, this is not a practise that all mediators will adopt, but at Accredited Mediation Services it’s all part of the service to ensure that the parties maximise the experience and have the best chance of reaching an agreement.
In cases where a matter is assessed by an accredited Mediator or a Family Dispute Resolution Practitioner that mediation is not suitable, parties are informed individually and confidentially. If this is the case, you and the other party will not be required to pay for mediation, however the cost of the time for preparation, intake session and issue of a Section 60I certificate in family matters will be retained and the balance refunded to the parties. If the matter is a family dispute, Angela will issue a Section 60I certificate upon request in accordance with statutory requirements.
Accredited Mediation Services is a cost effective alternative to legal proceedings. Unlike not-for-profit organisations, regulatory or statutory bodies, Angela is able to progress services in as little as 2-3 weeks depending on the readiness of the parties. Angela appreciates that time is of the essence in most cases and so mediation services are timely, cost effective, efficient and secure. Currently some not-for-profit organisations and regulatory bodies are taking 3-6 months to offer parties mediation services. Courts, Tribunals and Commissions are equally challenged by the number of applications they receive and it may take as long as 12 months before a hearing date can be set. Mediations can settle in as little as 2-4 hours and legal proceedings can be avoided. Some parties need a little more time to reach agreement on all issues raised depending on the complexity of matter. In these circumstances, parties may also agree to adjourn and resume discussions at another session to reach final agreements.
Angela is experienced as an advanced skilled practitioner and is able to draft terms that parties have agreed in the words that reflect the parties’ agreed intentions. Angela does not provide legal services and so Terms of Settlement or Agreements will be set out in general terms. Parties may also consider requesting their legal advisors who are present at mediation to draft Terms of Settlement or Heads of Agreement. Parties are encouraged to seek professional advice about their rights and obligations before entering into terms with each other.
Mediation is voluntary and requires a mutual decision to participate in mediation. It is Angela's experience that when services are explained by an independent and impartial person, an invitation to participate is often accepted. If it is not accepted, a mediator cannot compel participation. Angela encourages participants to consult their legal practitioner for advice about what to do if all parties are not willing to mediate.
Mediation is not just for parties who are in dispute. Angela specialises in other forms of resolution services to assist participants undertake Financially Binding Agreements also known as a "Prenup"; Assist participants develop contractual terms in a commercial context; Facilitate discussions between employees and employers to overcome barriers that prevent return to work or use mediation to restore or transform a relationship.
Parents who have separated or are thinking of separating may find themselves requiring a plan to focus on the children’s best interest. This is known as a parenting plan and it’s a plan that does not have to be for separating couples. A set plan of agreed expectations between parents that is supportive of the children’s needs can lead to less arguments, less disappointment and less disruptions to the family unit . These types of mediations require a specialist like Angela who is registered with the Attorney-General’s Office as a Family Dispute Resolution Practitioner.
You don’t have to wait to be reactive, any commercial, workplace enterprise or community agreement can be negotiated using a facilitated method such as mediation.
It is helpful if participants are able to discuss issues with each other during joint sessions, however Angela acknowledges that the dispute may have escalated or the way in which individuals communicate may prevent parties speaking directly to each other. Raise your concerns with Angela during the confidential intake session about how you would like to proceed. As a mediator, Angela cannot compel participants to say or do anything they are not comfortable with. Participants are also invited to consider if video conferencing may assist in overcoming historical conflict and communication barriers.
Yes, absolutely Angela can help you there. The first step is to contact Angela for a confidential and obligation free information summary about the process. The next step is to invite the other party. You can try this yourself by inviting them to visit Accredited Mediation Service's website for more information or contact Angela directly. If you need help to commence services, Angela will assess if it is appropriate to contact the other party for you and extend an invitation by email to all participants to engage in mediation services. You will need to provide Angela with the other participant's name, email address and telephone number.