Mediator's - how do I pick one?

So you’re looking at engaging a mediator to sort out your family law issues, but not sure where to start? Perhaps you have received a proposal from the other parent or your former partner / spouse to attend mediation and you don't know whether the proposed mediator is going to be right for you?

Let us help you navigate the options.

There are a range of mediation options out there, from free or cheap clinics to solicitors or barristers who offer mediation services. Here’s a few things to think about which might help you decide who to engage as your mediator.

Tip #1 - Time frame and cost

How quickly do you want to attend mediation? Just because a service offers mediation, doesn't mean they have availability right away.

There can be long wait times to start the mediation process with some public or lower cost services, once an application is lodged with them it can take weeks or months to be processed and intake sessions undertaken, only after that will a mediation be scheduled. If you find yourself on a long waitlist and need something quicker, there are other options.

There can be better availability with mediation services, solicitors or barristers, they might be able to offer you mediation at very short notice if the matter is urgent. However, be prepared to hear about mediation fees which are higher, sometimes much higher, than other services are charging. Cost is largely linked to the skills and experience of your mediator and this can vary greatly.

Tip #2 - Expertise

There are mediators who have legal expertise, they are also solicitor or barristers who see clients as well as mediate, or a background in counselling and dispute resolution. Most private mediators (including legal professionals) charge higher rates than public or funded services. They do however have years of experience in mediation, some in family law litigation.

The benefit is they know what they are talking about. They are pretty skilled at identifying and moving through roadblocks.

If you feel mediation might not be successful, have a think about whether engaging a mediator with just the right skill set might improve the chances that mediation will result in an agreement.

Tip #3 - The mediation day options

How long will mediation take? You might be surprised how long the “back and forward” can take and the amount of detail that needs to be settled on when setting down future parenting arrangements. Do you feel a 3 or 4 hour session is enough?

Some services will only offer a half day mediation session, which might be all your need, however there is nothing more frustrating that coming to the end of the session and walking away without any agreement and no progress in sorting things out.

Many mediators offer a half day or full day option. They can often be prepared to “stay back” to finish the negotiations so you can leave mediation with a signed agreement (for a fee).

Still not sure and need detailed advice?

If you aren't sure what's the best option for you in your circumstances, please don't hesitate to contact us and speak to a lawyer about your matter.