Online
Property & Financial Mediation
Why Choose to Mediate Your
Property and Financial Matter
01
Compulsory
In Australia, mediation is often required before parties can pursue legal action for property and financial disputes. It’s a necessary first step for separated couples.
02
Cost Effective
Mediation helps you avoid expensive legal fees and lengthy court proceedings. Online mediation often leads to a resolution within a few weeks, saving both time and money.
03
Confidential
Unlike court proceedings, mediation is completely confidential. This ensures that sensitive financial matters are handled discreetly and away from public scrutiny.
04
Control Outcome
Mediation allows you to retain control over the decisions regarding your property and finances. Both parties collaborate to reach an agreement, rather than having outcomes imposed by a judge.
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Online
Property & Financial Mediation
What is Property and Financial Mediation?
Property and financial mediation is a structured process where separated parties resolve disputes related to their financial matters. This type of mediation helps the parties reach an agreement on how to divide their property, financial resources, and debts, ensuring a fair and practical outcome for both.
Do I have to bring a lawyer?
No. We conduct mediations with the parties only (that means you, your former partner and the mediator). We can also conduct legally assisted mediations where your lawyer/s come along.
Can we issue a Certificate?
When alternative dispute resolution (ADR), such as mediation, has been attempted in property matters, and the parties still need to apply to the Family Court for property orders, they typically file a document called the Genuine Steps Certificate (in the Federal Circuit and Family Court of Australia).
This certificate confirms that both parties have made genuine efforts to resolve their dispute through ADR before proceeding to court. It is a requirement under the Family Law Rules that both parties demonstrate they have taken reasonable steps to resolve the dispute outside of court, unless there are exceptional circumstances, such as urgency or family violence, that make ADR inappropriate.
Step-by-Step Guide to Property & Financial Mediation
Step 1: Initial Contact – Complimentary 15-Minute Consultation
One party contacts the mediator to discuss their situation and goals for resolving property and financial matters through mediation.
Step 2: Intake Session for Party One
The initiating party has a private individual intake meeting with the mediator to provide background information, discuss financial assets and liabilities, and clarify their objectives for the mediation process.
Step 3: Invitation to Mediate
The mediator issues an invitation to mediate to the other party, encouraging them to participate in the mediation process.
Step 4: Intake Session for Party Two
The invited party attends a private individual intake meeting with the mediator to provide background information, discuss assets and liabilities, and clarify their objectives for the mediation process.
If the other party refuses mediation, the mediator may provide documentation noting that ADR was attempted but did not proceed.
Step 5: Financial Disclosure
Both parties provide full and frank financial disclosure, including assets, liabilities, income, and superannuation, ensuring transparency in discussions.
Step 6: Mediation Session
The mediator schedules the mediation session, at a mutually convenient time to all parties. During the session, the parties negotiate property division and financial settlements with the mediator’s assistance.
Step 7: Drafting Agreements
The mediator drafts a proposed financial agreement or heads of agreement based on the decisions made during the mediation session.
Step 8: Review Agreement
Both parties review the heads of agreement to ensure it reflects the agreement reached at mediation. Necessary adjustments can be made at this stage.
Step 9: Legal Formalisation
The agreement can be formalised through consent orders filed in the Family Court or by drafting a legally binding financial agreement under the Family Law Act.
Step 10: Follow-Up
Optional follow-up mediation sessions are available to address any concerns or adjustments to the financial arrangement as circumstances evolve.
Step 11: Court Application
If mediation does not result in an agreement, the parties may apply to the court. While no specific certificate is required like in parenting matters, a Genuine Steps Certificate is often submitted, confirming that alternative dispute resolution was attempted.
How do I start mediation?
You can start the mediation process by connecting with us here.
How do you prepare for mediation?
A good night’s sleep is one of the most important things you can do before a mediation session. Here are additional steps to help you prepare, which we will discuss with you in our pre-mediation meeting:
- Identify the topics you want to discuss.
- Make notes about your key concerns.
- Seek legal advice beforehand to explore potential options during mediation.
- List possible solutions to resolve your dispute.
- Consider areas of agreement and common ground.
- Reflect on your best and worst-case scenarios.
- Be ready to listen and compromise.
- Understand that being “right” about the law may not be as important as achieving
timely closure or preserving relationships. - Recognise that all litigation involves risk, and reaching an agreement that eliminates
these risks is often beneficial for everyone. - Think about what motivates the other party and how to address that constructively
and with a future focus. - Prepare for how to say “yes” when much of the dialogue has been “no.”
- Maintain an open mind throughout the process.
These steps will help you enter mediation with a clear strategy, openness to compromise, and a focus on productive outcomes.
How are agreements documented?
After property mediation, if both parties reach an agreement, the mediator will draft a Heads of Agreement. This document outlines the terms of the agreement, including how property, assets, and liabilities will be divided.
The Heads of Agreement serves as a basis for the formal legal documentation. Once the Heads of Agreement is reviewed and agreed upon by both parties, it can be formalised in one of two ways:
- Consent Orders: These are filed with the Federal Circuit and Family Court of Australia, making the agreement legally binding. Consent orders are enforceable by the court and ensure that both parties comply with the terms of the settlement.
- Binding Financial Agreement (BFA): Alternatively, the parties may choose to create a Binding Financial Agreement under the Family Law Act. This document is also legally enforceable but does not require court approval. It is a private contract between the parties.
Why choose Property and Financial Mediation?
- Cost-effective and quicker: Mediation is less expensive and faster than court proceedings.
- Less adversarial: Promotes cooperation and reduces conflict between parties.
- Privacy and confidentiality: Discussions remain private, unlike public court cases.
- Control over outcome: Parties decide on their own solutions, rather than a judge.
- Tailored solutions: Allows for flexible, personalised agreements based on individual needs.
- Legally binding: Agreements can be formalised though consent orders or binding financial agreements.
- Reduces stress and preserves relationships: Particularly important for ongoing interactions, especially where he parties with co-parent in the future.
- Empowers parties: Both parties have equal say and control over their financial future.
How long will mediation take?
Our aim is to enable resolution in the timeliest manner. The length of mediation is dependant on the topics and matters to be resolved.
Most matters can be resolved within 1 mediation session.
Is mediation confidential?
Mediation is a private and confidential process, ensuring that everything discussed remains undisclosed to anyone outside the mediation. This allows you to have open and honest conversations aimed at resolving disputes, knowing that nothing said during mediation can be used in court. This confidentiality enables you to negotiate freely and effectively.
As mediators, we are committed to maintaining confidentiality, except in specific situations where there is a risk of harm to a child or another person, threats to damage property, or the potential for a violent crime.
This confidentiality also extends to any support person you bring to the mediation, who may be required to sign the Mediation Agreement to uphold this commitment.
Who can you bring to mediation?
Most people attend mediation on their own, but in some cases, they may wish to bring a family member or friend for support. This can be arranged, provided everyone is informed in advance and agrees. Unexpected guests on the day are not helpful.
Feeling comfortable and supported during mediation is important. However, it is also essential to consider the potential impact a support person may have on the other party and the overall mediation environment. Our goal is to create the most conducive atmosphere for resolving your disputes.
Rest assured, you will have the opportunity during mediation to take a break, call a friend or family member, or consider the proposals made.
Any support person present will be required to sign the mediation agreement to ensure confidentiality is maintained throughout the process.
Why is mediating online better?
Benefits of Online Family Mediation over Face-to-Face Mediation:
01 Cost Effective
Lower costs due to reduced travel and room expenses
02 Flexibility
Easily schedule sessions around busy lives, work and childcare commitments
03 Greater Success Rate
Provides a controlled environment that reduces intensity of face-to-face interactions helping reduce emotions and focus on resolution
04 Comfort
Resolves sensitive matters from the comfort of your own space reducing anxiety
05 Safety
Minimises conflict, ensures privacy and enhances personal safety
06 Accessibility
Access mediation regardless of location, ideal for families in different areas or where you want anonymity
How successful is mediation?
We pride ourselves on our success rate in mediation. Even high conflict parties are able to resolve matters with the help of mediation and communication. It does however take a willingness on both parties to negotiate and keep focussed on resolution.
Even in cases where you can’t agree on everything, you can make the most of the mediation/FDR to narrow the issues. It might be that you agree to attend a second mediation to work through the outstanding issues.
Fees for Online Mediation:
Complimentary 15-min Call
Individual Intake Meeting $320 + GST per hour
Joint Mediation $520 + GST per hour ($260 + GST per person per hour of mediation where fees are being shared)
Online Property & Financial Mediation
The Process
1
Intake Meeting
Each party begins with an individual online Intake Meeting to discuss their situation, understand the mediation process, and outline the key financial issues. This step ensures both parties are prepared for the joint mediation session.
2
Full Disclosure
Both parties provide information that relates to their assets, liabilities and superannuation interests. This ensures that parties have financial information necessary to make decisions in mediation.
3
Joint Mediation
The parties meet online with the mediator to discuss and negotiate property and financial matters. The goal is to explore settlement options and reach an agreement that is fair and equitable for both parties.
4
Agreements
Once an agreement is reached, it can be documented and, if desired, made legally binding through a Consent Order or Binding Financial Agreement. This ensures that the resolution is enforceable and final.
Book your complimentary
15 min consultation
Meet Stacey
With a strong background in family law and financial matters, Stacey is an accredited mediator skilled with handling property and financial disputes (including those that are complex). She ensures that the parties are heard in every mediation session, guiding them towards a just and equitable resolution on terms that are sensible for the parties.
Stacey is committed to providing a personal and responsive service, addressing your questions and concerns as they arise, so that you feel confident navigating your financial settlement.
It gives me great satisfaction to help people end the conflict, control their outcomes, stay out of court and get on with life to a brighter future post-separation.”
