FAQ’s

What about confidentiality?

Mediation to agree money issues specific to starting or ending your same sex relationship is strictly confidential and your lawyers, accountants, financial advisers, the public nor the media attend, which is often particularly important for same sex couples in senior or high profile roles.

The mediator is bound by professional ethics to provide an impartial and confidential service, with all discussions held and information provided during the mediation being treated as strictly confidential.

Unless agreed otherwise, you may not use the content of discussions held or information provided during the mediation in any Court proceedings.

Where is a mediation held?

When participating in mediation to agree money issues specific to starting or ending a same sex relationship, parties often prefer to meet on neutral ground.

Mediations may often be conducted in purpose designed mediation rooms provided by the Australian International Disputes Centre or in rooms provided by the Australian Institute of Company Directors in State capital cities.

If the parties seek the highest level of confidentiality, the mediation may be conducted in private hotel meeting rooms.

What does mediation cost?

The cost of mediation to agree money issues specific to starting or ending a same sex relationship depends on how long is required for each of you to reach agreement and the preferred venue for the mediation.

If each of you disagree on little, the mediation may be completed in a couple of hours or a half day, with a full day or usually not more than two days required when there a numerous disagreements and/or levels of complexity in the disagreements.

Fees are generally by agreement at hourly, half day or full day rates payable with the cost of room hire and other agreed disbursements in advance and usually shared equally by both parties.

How long does mediation take?

The time taken to agree money issues specific to starting or ending a same sex relationship depends on the extent of your disagreement and the willingness of each of you to participate constructively in the mediation process.

Mediation takes as long as is required to ensure that all the issues upon which you disagree are fully discussed and resolved and both of you are able to reach an agreement that you can each live with.

If each of you disagree on little, the mediation may be completed in a couple of hours or a half day, with a full day or usually not more than two days required when there a numerous disagreements and/or levels of complexity in the disagreements.

Is our agreement following mediation binding?

The agreement that you both make at the conclusion of mediation to agree money issues specific to starting or ending a same sex relationship is binding upon each of you.

You may choose to have a draft version of the proposed agreement reviewed by your lawyers and bring any issues arising back to the mediation for discussion, resolution and agreement by both of you before the document is finalised.

To be binding, you must both participate in mediation voluntarily and consent to the agreement without duress, fraud or mistake.

What happens if one of us does not follow the agreement?

The agreement that you both make at the conclusion of mediation to agree money issues specific to starting or ending a same sex relationship is binding upon each of you.

Often, the agreement you make will address what happens if one of you does not follow the agreement, such as returning to mediation, appointing an independent party to decide on an issue, going to arbitration or going to Court.

With many disputes being mediated to avoid going to Court, you may both prefer to clearly state in your agreement the basis for dealing with what happens if one of you does not follow the agreement without having this decided for you by a Court.

How does mediation differ from going to Court?

Mediation does not involve lawyers or Court costs and so is a very significantly cheaper way of reaching agreement on money issues when starting or ending same sex relationships. Mediation does not involve a judge who makes a decision that may not suit either of you, but allows each of you to talk together with the guidance of a mediator and reach your own decision, being an agreement that works for both of you.

Mediation does not involve formal and rigid Court processes, with the mediator guiding both of you through an informal and flexible process designed to help you reach an agreement.

Mediation is confidential, with only those people there whom you both agree can be there and is not conducted in an open Court room with public access or media.

Mediation has many differences from going to Court ( © www.familylawmediators.co.za ):