Frequently Asked Questions
Can my lawyer attend my mediation with me?
Yes. If you would like your lawyer to attend with you, please let us know in advance as we will need to advise the other party to the mediation. They may wish to attend with their lawyer too.
If you decide not to attend with a lawyer, you will have opportunities to call your lawyer (or other support person) during the mediation for advice. Breaks can be requested by either party at any time during the process.
It’s our goal to support you to feel confident in your decision making during the mediation process. We strongly recommend all our clients seek independent legal advice prior to participating in mediation.
Can I bring a support person to mediation?
Yes. If you need or would like a support person to attend the mediation, you need to let us know in advance. Mediations are confidential processes, and they deal with personal information. For this reason, any support people (including legal advisors) need to be approved by all parties involved in the mediation. New partners are rarely suitable to attend as support people.
Support people do not actively participate in the mediation, their role is to provide emotional, physical or other support to you as the participant. All support people are required to sign a confidentiality agreement prior to the mediation.
There is no charge for a support person to attend mediation.
We have complex family structure – can more than two people participate in the same mediation?
Yes. We can facilitate multi-party mediations. Each participant needs to complete an intake interview to actively participate in the mediation.
I can’t be in the same room as my ex-partner – do I have to be?
No, if you feel unsafe, or if being in the same room will impact your capacity to engage in mediation, we have other options available. Your mediator can discuss these with you during the intake interview.
Why should I choose a private mediator rather than a not-for-profit provider?
There are two significant benefits in using a private mediator
- Flexibility and Fast Turnaround
Resolved by mediation offer a wide range of appointments, including after hours and on weekends when necessary. We can usually schedule your intake interviews within a couple of days and turn around the mediation within as little as a week if both parties are committed to a faster resolution.
Not for profit services often have long wait lists for their services, and it is not uncommon for it to take several months to get to mediation (or even an initial interview). We recommend you call and ask them about their wait times if you are considering this option.
We allow four hours for each mediation, not for profits may provide just two hours for you to reach agreement.
- Choice of mediator
Resolved by mediation are independent family dispute resolution specialists. All our mediators have many years of experience dealing with complex family disputes. Your mediator should be respectful, compassionate, skilled and experienced in facilitation and conflict resolution.
Not for profits employ mediators of all levels of experience. They do not permit you to choose your mediator and you will have no idea if you are their first client.
We highly recommend you ask any mediator you are considering appointing about their experience. How many family mediations have they conducted? How often do they facilitate family mediation? If their answers do not meet your needs, please contact us.
We have a DVO – can we still mediate?
Many Domestic Violence Orders (DVO) and Protection Orders (PO) have clauses which allow for parents to attend Family Dispute Resolution. Some do not. We need to see a copy of any DVO or PO to ensure they allow for mediation before proceeding.
As mediators we have the responsibility to conduct risk screening and risk assessments. In some cases, after completing a detailed intake with both parties, your mediator may determine the matter is not suitable for mediation. In these cases a 60iC can be issued which documents this decision. Your mediator will discuss your alternative options if this applies to you.