Dispute Resolution Process & Fees
Mediation Process
Embarking on mediation can feel daunting, but understanding the process can ease your concerns. Here’s a straightforward guide to help you navigate each step:
What can be mediated?
I am happy to mediate both property and parenting disputes and whether the dispute is already before the court or not (pre-filing). I am also happy to mediate non-family law disputes – please just send me a message to enquire.
In property disputes and parenting matters that are already before the court, I will be the sole mediator.
When mediating pre-filing parenting disputes, I will confirm with you whether you wish to have a s.60I certificate available at the conclusion of the process. If so, I will arrange a co-mediator, who is a FDRP (Family Dispute Resolution Practioner), to work with me at no extra cost. I do this as I have chosen not to revive my FDRP accreditation. I have no interest in issuing certificates. I want to work with parties who wish to find solutions. However, I recognise that sometimes, even with the best will, a settlement may not be achieved. Further, co-mediation is a much better model for pre-filing parenting disputes, with different approaches and ideas brought to the table.
How long will mediation take?
I set aside a 5-5 ½ period for a mediation session (which, I appreciate, is somewhere between most people’s conceptions of a half day and a full day). I find that 5 hours is usually sufficient to properly explore issues and solutions without being rushed. It is also about the length of time that I can reasonably expect people to concentrate and stay focused and engaged.
My mediation sessions are usually 9:30am-3pm, although I am flexible with start and finish times, especially to accommodate different time zones (I have, for example, done mediations with overseas parties that have been 3-8pm EST to accommodate time differences).
If substantially more time is needed than that allocated, then a further (second) session can be arranged (in which case I charge only for the mediation session, not further intake and preparation). The same would apply if, for instance, an interim parenting arrangement were negotiated and to be reviewed at a later time.
Will it be online mediation or in-person mediation?
I predominantly mediate online using zoom (which I feel is a vastly superior, more intuitive and more flexible platform than other video conferencing apps).
In conducting family law mediations, my default is a shuttle process (with each party and their lawyer in a separate breakout room). This has 3 bases:
- Many matters involve an ADVO or intervention order. As soon as an order is in force, and irrespective of its terms or exemptions, shuttles are preferable;
- A great many people are emotionally uncomfortable directly engaging with their former partner and especially in a lawyer assisted mediation; and,
- Shuttle mediations allow a far more robust and rigorous reality testing and conciliation approach to negotiation.
However, I will consult with both parties and their lawyers as to what is preferred.
In-person mediation
If in-person mediation in your location is preferred, please let me know and enquire using the contact form as my availability may be impacted by travel scheduling. There is also an addition fee of $1,000 payable as a contribution to travel costs incurred.
If it is likely that a shuttle mediation will occur I would rather that the process be conducted by zoom as shuttle mediation is far more effective online than in person. It is also rather pointless to travel to a location to run up and down a corridor when simply switching screens between virtual rooms would work.
The venue for in person mediation will need to be arranged and provided by the parties and their lawyers. I am usually fine with this being the office of one or other of the lawyers involved. However, I will need three rooms, being a joint meeting room and a breakout room for each party.
- What can be mediated?
- How long will mediation take?
- Will it be online mediation or in-person mediation?
- In-person mediation
Overview of the Mediation Process
Initiating Mediation
Before mediation begins, all involved parties must agree to participate and decide on the payment of fees. If you’re suggesting mediation to another party, you can refer to Joe’s mediation process and fees and his CV for more information.
1
Preparation Meeting
Joe will hold a 30-minute Zoom or telephone meeting with your lawyers, or directly with self-represented parties. This session aims to determine necessary preparations, such as sharing relevant documents or completing valuations, and to provide Joe with an overview of the dispute.
2
Individual Meetings
Following that, Joe will conduct separate Zoom or telephone meetings with each party. These sessions introduce Joe, explain the mediation process, and address any concerns to ensure a comfortable experience for everyone. This session is usually about an hour.
3
Financial Issues Evaluation
In financial disputes, Joe prepares a neutral evaluation, including a spreadsheet outlining the agreed balance sheet, potential outcomes based on each party’s proposals, and relevant legal principles. This evaluation guides discussions and focuses on key issues.
4
Mediation Session
A session is scheduled from 9:30 am to 3:00 pm, providing ample time to explore settlement options without feeling rushed. Typically, mediations are conducted in a ‘shuttle’ format, where each party and their lawyer remain in separate virtual rooms. This approach often enhances comfort and facilitates candid discussions.
Fees & Costs
I work on the basis of lump sum fees. The fee that is charged is what is paid.
My lump sum fee structure is simple. There are 3 components to the costs I charge (assuming two parties):
Preparation
$1,000 inclusive of GST
The mediation session (9:30am-3pm)
$2,000 inclusive of GST
Travel (if required)
$1,000 (GST free)
For a dispute resolution process with two parties (most disputes) my total fees are a lump sum of $3,000 inclusive of GST.
If there are 3 parties, fees for preparation and the mediation session increase by 50% (so the total cost is $4,500).
The fee for travel is a contribution to cost and is fixed.
- Shared Invoicing
- Payment Terms & Pro-Bono Dispute Resolution Work
- Additional Mediation Time
- Travel Costs
- Refunds for Settlement ahead of Mediation
- Face-to-Face Mediation
Shared Invoicing
Unless advised to the contrary, I will assume and issue invoices on the basis that costs are to be shared equally (if there is a different agreement or court order as to fee payment, please tell me at the time of booking).
Payment Terms & Pro-Bono Dispute Resolution Work
I work on a strict payment in advance basis. I am prepared to undertake work on a pro-bono basis (for people I work with regularly) but insist on making that choice for myself (rather than it being determined for me by non-payment).
I believe that everyone should be paid for the work they do. However, I also believe that no-one should be paid for work they do not do. Hence, if a matter settles before mediation, I will refund the mediation fee without question.
Additional Mediation Time
If significantly more time is required than originally allocated, a second session can be arranged. In this case, only the mediation session fee is charged—there are no additional costs for further intake or preparation.
This also applies in situations such as negotiating an interim parenting arrangement that will be reviewed at a later date.
Travel Costs
I do charge an additional $1,000, as a contribution to travel costs, if in-person mediation is required and the mediation is to occur outside of my area.
Refunds for Settlement ahead of Mediation
I do not charge reservation or cancellation fees. So, if a matter is settled and does not proceed to the mediation, the mediation fee is refunded.
All fees are invoiced prior to mediation and must be settled before the session.
Face-to-Face Mediation
If you prefer in-person mediation, additional considerations include:
- Venue:
Your lawyers will arrange a suitable location, typically an office with a joint meeting room and separate private rooms for each party. - Preparation:
All preparatory steps will still be conducted via Zoom or telephone. - Travel:
For mediations outside of Hobart, a flat fee of $1,000 (including GST) is charged to cover travel expenses.
FAQs about mediation and dispute resolution
Do I have speak with my former partner?
No. The choice is yours. The process is flexible and you will have input into how the process proceeds.
My default is to conduct dispute resolution as a shuttle, with each party and their lawyer (if they have one) in a separate room. This is because:
- Many people feel uncomfortable being in the same room (even a virtual room) as their former partner, seeing them or speaking with them. Having lawyers present can often increase rather than alleviate this feeling of discomfort; and,
- Reality testing and discussions about what outcomes might be expected if the matter is not settled and, instead, proceeds to court, work best in a shuttle (rather than asking parties and their lawyers to make concessions about their case in front of the other).
What does dispute resolution cost?
I charge a flat fee of $3,000 (including GST) per mediation. This includes all preparatory meetings and my own preparation as well as the mediation itself (generally 9:30am-3pm). There are no additional fees for intake or if the sessions go over time.
I do charge an additional $1,000, as a contribution to travel costs, if in-person mediation is required and the mediation is to occur outside of my area.
I do not charge reservation or cancellation fees. So, if a matter is settled and does not proceed to the mediation, the mediation fee is refunded.
Do I need a lawyer?
No. It is always a good idea to have legal advice about legal issues (and I do not and will not give legal advice). But whether you have a lawyer involved in the process and, if so, how they are involved, is your choice.
Most of the work I do is lawyer assisted mediation. But I am happy to work with anyone, whether or not they have lawyers.
What disputes can be mediated?
Just about anything.
I have spent my entire adult life dealing with family law disputes so that is what I know and predominantly handle. However, I have also successfully mediated farm succession disputes, co-tenant disputes, community association disputes and Family Provisions disputes.
My primary focus is property disputes. I am also happy to assist with parenting disputes. I especially enjoying working with parents and ICLs who are involved in litigation and trying to find solutions that will end the litigation. ICLs can be funded by Legal Aid to participate in private mediation provided the mediation is confined to parenting issues.
Can we participate if there is an ADVO/Intervention order?
Yes. However, the intake process I engage with includes an assessment of risk and appropriateness. Further, as the process is consensual, I work with parties to ascertain their wishes and views and very much take these into account in the design and delivery of dispute resolution.
If there is an ADVO/intervention order, the process would occur as a shuttle irrespective of the terms of the order.
When will I be invoiced?
All fees are invoiced before mediation and must be paid before the mediation. If your dispute settles before mediation starts, the mediation fee will be refunded.
How do we arrange mediation?
To arrange mediation simply go to the availability/booking/contact page [hyperlink].
If all parties are agreed that they wish to attend then use the availability calendar to check that your preferred date is free and use the booking form to lock the date in.
If you are exploring whether mediation is right for you, please feel free to use the contact form to ask me any questions.
I offer various types of dispute resolution. You can proceed with dispute resolution in a way that works for you.