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    What is the role of the mediator?

    The mediator facilitates dispute resolution and helps the parties to set out their own solutions in the form of a written agreement rather than going to court and having a judge, magistrator or arbitrator impose a decision on the parties. In mediation, it is up to you to reach an agreement and decide what is included in any agreement – you retain control of the outcome.
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    What happens if the mediation does not end in agreement?

    If you are unable to reach an agreement on the issues in dispute, you can seek other ways to resolve your dispute. This may include another mediation session…some matters can involve two to three mediations depending upon their complexity and level of conflict between the couple. Also after making a genuine attempt at mediation, which is unsuccessful, then you can receive a S60i certificate from the mediator and initiate legal proceeding through your lawyer.
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    What about confidentiality?

    Mediation is confidential. For the process to be successful, both parties must feel free to discuss the issues openly. All participants in the mediation, including the mediator, will be required to sign an Agreement to mediate with a confidentiality clause before the mediation begins. By signing the Agreement, the parties’ conversation during the mediation is made confidential and this prevents anything discussed during this time being used in any future legal proceedings, if legal proceedings are instigated.
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    What happens if I have to cancel before the mediation session?

    If you decide to use the services of Creative Mediation, your decision affects many people. Since Creative Mediation mediators offer their time to resolve your dispute productively, it is very important that you attend the mediation session scheduled for you, and you cancel only in case of emergency. If you must cancel, Creative Mediation requires at least 24-hour notice of cancellation or you will be charged for the full cost of the mediation.
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    What are the costs of mediation?

    It is best to ring Creative Mediation or email via the Contact form on the web page to ask about costs involved.
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    Is mediation more cost effective than going to court?

    Yes, mediation is by far the most cost effective way of dealing with the issues surrounding separation and divorce. And the court process takes longer and can be much more stressful. Mediation is by far the best way to work through parental plans, property settlements and other separation/divorce issues.
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    Is mediation voluntary?

    Mediation is usually a voluntary process parties agree to – no party can force another party to mediate. However, many courts and tribunals have compulsory dispute resolution procedures. The Family Court requires compulsory mediation in parenting matters. Court actions in the Family Court of Australia or the Federal Circuit Court of Australia can only commence if parties have taken genuine steps to resolve their dispute (Family law Act, 1975) and have obtained a Certificate S60i from a Family dispute Resolution Practitioner. Though there are some exclusions. For exclusions it is best to seek legal advice.

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    Is a parenting plan legally binding?

    A parenting plan is not legally enforceable until it is lodged in the Family Court as consent orders. You may choose not to lodge your parenting plan. As your family mediator, Sandra can advise you on the process and whether you might lodge your parenting plan or not.