Our Frequently Asked Questions

01. Intake

Once you have booked your mediation, Fiona will arrange a free intake session with you or your lawyer to get an understanding of your matter.

02. Documentation and readiness check

In the days leading up to the mediation:

• Fiona requires a short position statement from each participant (or your lawyers) which sets out a brief history of the relationship, the issues in dispute, a summary of argument and the outcome you’re hoping to achieve. If your matter involves a property settlement a joint balance sheet is also required.
• Fiona will schedule a call with you or your lawyer to make sure everyone is ready to proceed, to answer any questions you or your lawyer might have and to explain how the day will proceed.

03. Mediation day and resolution

On the day, Fiona will guide you through discussions and negotiations. If an agreement is reached, your lawyers may be able to prepare settlement documents, or Fiona will provide written heads of agreement.

It is always valuable to seek legal advice from a specialist family lawyer before embarking on mediation. Negotiating with some knowledge about the range of outcomes you could expect helps you to negotiate with confidence.

Come to your mediation knowing your best case, worst case scenario and your bottom line. If you do this you’re less likely to accept an outcome which you’ll later regret.

If your matter is a property settlement, make sure you’ve exchanged disclosure and obtained any valuations before your mediation. This helps Fiona settle your balance sheet so we are all working from the same page.

It is usually better to have your lawyer with you at a mediation. Firstly, this minimises any power imbalance there might be between you. Secondly your lawyer knows the law and can advise you about the enforceability and practicality of your proposed settlement. There is nothing worse than coming to an agreement only to later realise that it is not feasible, enforceable or practical. Experienced family lawyers have probably acted for hundreds of clients in similar situations to yours. This experience is an advantage to you when they negotiate on your behalf.

Mediations can be conducted online or in person. If you want to bring a support person this is okay provided all parties agree.

We are very aware of the prevalence of family violence, especially around the time of separation. Your safety during the mediation process is our paramount consideration.

If you can be in the same room we would normally begin in a joint session to give you both an opportunity to talk to each other – this is, after all, your mediation. You will be offered a chance to make an opening statement. You are not required to do so. If you have a lawyer, they can make an opening statement on your behalf.

We would ordinarily begin by settling any balance sheet issues (if your matter is about property) and trying to find any common positions set out in your respective position papers.

Joint sessions are combined with individual or private sessions which gives you an opportunity to discuss elements of your case which you may not be comfortable discussing in an open forum.

One of you will be asked to make an opening offer somewhere between your respective positions and negotiations then begin in earnest. Remember your matter won’t settle if neither of you are prepared to compromise.

If you reach a stalemate, Fiona will ask if you want her to suggest any creative compromises you might not have thought of and perhaps provide her evaluation of what she believes the outcome would be if the matter proceeded to litigation. This often helps parties to move closer towards a consensus position.

Yes, Fiona is prepared to travel within the Sydney area to any mediation venue of your choice. Please contact us if you require suggestions for venues. Fiona is prepared to travel outside Sydney by agreement for a small travelling fee.

If an agreement is reached and your lawyers are there, settlement documents can often be prepared on the day, which you can both sign there and then. Sometimes this is not possible due to time constraints or because advices have to be finalised/notice given to affected parties, before documents are signed.

If you cannot formalise your agreement on the day, Fiona will provide you both with written heads of agreement which records the agreement reached between you.

Yes.