The mediation process is straightforward, informal and unintimidating.

At the commencement of a mediation, the mediator will clearly explain the process to both parties who will have the opportunity to ask questions to clarify their understanding. The mediator’s aim during the initial stages of the mediation will be to ascertain what differences the parties have regarding coming to an agreement.

The issues during a divorce mediation will generally center around the topics of division of the joint estate, spousal and child maintenance, and care and contact of the minor children.

Once the mediator has established the material differences and issues in dispute, an agenda will be compiled and communicated to the parties. It is after this key stage that the mediator will begin to mediate by using their expertise to guide the parties in communicating effectively with the aim of reaching resolve.

After an agreement has been reached and the key differences between the parties have been effectively resolved, the mediator will commence with drafting a settlement agreement which accurately reflects the wishes of the parties. The agreement will need to be signed by both parties, whereafter it will need to be made an order of court once the decree of divorce is granted. At this stage, the settlement agreement will be an order of court, and will be of full force and effect between the parties. Accordingly, if either party contravenes a term of the settlement agreement, such contravention will constitute contempt of court.

Due to the fact that divorces often include a degree of animosity between the parties concerned, there is often a perception that only couples who see eye to eye should attempt mediation before seeking assistance from their own attorneys. However, this is an inaccurate perception. A qualified, highly skilled and experienced family law mediator is exactly the professional for the task at hand. Whilst it is ideal if the parties are able to sit around a table together with the mediator as the facilitator, many successful mediations happen between parties who do not see each other face to face. In such a scenario, the mediator will caucus with both individuals and conduct the mediation in this manner, ultimately concluding a settlement agreement which takes cognizance of both sides.