Foley Family Mediation & Child Consultancy
WHAT IS MEDIATION?
Mediation is a transformative process aimed at resolving conflicts and disputes outside of the courtroom. It involves a neutral third party, the mediator, who facilitates discussions between conflicting parties to help them reach mutually beneficial agreements.
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Unlike traditional litigation, mediation empowers individuals to maintain control over the outcome of their dispute, creating a sense of ownership and collaboration.
​Confidentiality and privacy are the cornerstone of an effective mediation process, as this creates a safe and non-adversarial environment that encourages open communication. Each party is encouraged and supported to express their perspectives, concerns, and views. Confidentiality is always maintained by the mediator, and a mediator will never share your information with the other party without your explicit permission.
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The mediators’ role is uniquely positioned to facilitate productive negotiations. One of the distinctive functions of the mediator is conducting private sessions with each party, where confidential information can be shared in a safe and supportive environment. These private sessions allow the mediator to delve deeply with each party their priorities, negotiables, and non-negotiables as well as the concerns or worries that may be present.
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By carefully listening and understanding each party’s issues also leads the mediator to find areas of common ground and agreement that may have been overlooked. The mediator can then help guide the parties toward mutually beneficial solutions. The confidential sharing of information enables the mediator to effectively navigate complex dynamics and bridge the gap between different perspectives.
THE PROCESS
Understanding the process can assist with parties to feel more comfortable. This will be explained in further detail throughout the mediation however here is a summary of each stage in the process:
​1. Initial consultation: The process typically begins with an initial consultation, where the mediator will meet with each party separately to discuss their preferred outcomes and any worries. These sessions allow the mediator to assess if mediation is suitable for your family’s situation.
2. Agreement to Participate: If both parties agree to continue with mediation, an agreement will be sent to each party to sign. The agreement outlines the voluntary nature of the process, confidentiality, impartiality of the mediator and a commitment to work towards a mutually acceptable resolution.
3. Mediation: Mediation commences, and this can be in person together, via a shuttle (where the mediator travels between each party) or online. This is where each party will have the opportunity to express their views and desired outcomes to one another. The mediator will facilitate the conversation and will identify common ground and the issues that require resolving. Relevant information can be shared to allow each party to understand the other’s perspective and be able to make informed decisions.
4. Private Sessions: After hearing the other party’s perspective, private sessions are held between each party and the mediator. This is where the mediator will guide you to think about how you can resolve the issues which have been discussed and ideas for various options.
5. Joint Session: After this, you will come back together to provide your options to find a suitable arrangement for you both.
WHAT'S NEXT?
1. Drafting of the Agreement: Once the parties have agreed on key issues, the mediator will start drafting an agreement which can be submitted to the Family Court as consent orders. Alternatively, you can keep the agreement as is and have a plan in place should one party not keep to the agreement.
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2. Finalisation and Implementation: Once the agreement has been drafted and both parties agree, the mediator will ask for you to sign to formalise your agreement. The mediator may offer resources or referrals to support you to move forward positively in the future.
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3. Family Dispute Resolution often includes provisions for follow-up sessions or reviews to assess the effectiveness of the agreement, address any new issues or concerns and to also ensure that the needs of the children are still being met as they mature.