Mediation

At Berck Solicitors we strive to get the best result for our client.

One of the ways to achieve this is through Mediation or Family Dispute Resolution. If you are a client, we are able to organise Mediation sessions with your partner, with the aim of coming to a mutual agreement.

What is a Mediation?

In a Mediation conference, a neutral third party (the Mediator) meets with both parties to a dispute to help them come to a mutually satisfactory solution. Unlike a judge in a court room, the Mediator has no power to impose a solution. No formal rules of evidence or procedure control a Mediation; the mediator and the parties usually agree on their own informal ways to proceed.

What are the benefits of Mediation?

There are many benefits to Mediation compared to the traditional court process, including:

• Mediation allows the two parties to fully communicate with one another in a positive environment, controlled by a neutral third party;
• Mediation is flexible and informal, leaving much of the content of the Mediation up to the parties themselves;
• Mediation allows the parties to be directly engaged in negotiations;
• Mediation offers wider solutions to problems between the parties than the court process;
• Mediation is usually less expensive and quicker than the court process;
• Mediation builds understanding and reduces conflict between the parties;
• Mediations are held privately and are completely confidential;
• Mediation is voluntary; any party may withdraw at any time.

What is involved in a Mediation?

Berck Solicitors offer a range of Mediation options, including:

• Joint meetings with the parties and, if represented, with their solicitors;
• Individual meetings with each party;
• Shuttle meetings (in separate rooms);
• Telephone conferences; and
• Having regard to the matter, co-mediation, where suitable with appropriate experts.

Should an expert be needed as part of the mediation process, further costs would be involved.

Is Mediation or Family Dispute Resolution Compulsory?

If a party intends to apply to the Family Court for a parenting order, a Certificate from a registered Family Dispute Resolution Practitioner under section 60I of the Family Law Act 1975 (Cth) is compulsory. Such a certificate confirms that an attempt at family dispute resolution was made.

Berck Solicitors are registered to issue such certificates in compliance with the Family Law Act.

We are also experienced and able to mediate in the area of de facto property matters pursuant to the Property Law Act 1974 (Qld).

What is the role of a Mediator?

A Mediator is an independent third party with legal training and trained in the area of Mediation. It is not counselling and it does not involve the giving of legal advice.