Choosing A Family Mediator in 2023? Then Ask These 6 Questions

Choosing A Family Mediator in 2023? Then Ask These 6 Questions

Mediation is a bit of a thing right now. Don’t get me wrong, it always existed, but since the family court merger in September 2021, there’s been a greater emphasis that disputing parties must attend mediation before starting court proceedings – and rightly so. After all, who wants to be embroiled in a lengthy, costly and highly emotional court battle? You can see what the family court has to say about mediation – see the Separate Smarter video at the end of this article.

As a result, we have seen an increased demand for our mediation services and an influx of new mediators offering their services too. But with so many mediators to choose from, how do you know which one is right for you?

Getting the right mediator for your dispute is crucial if you and your family stand any chance of reaching an agreement, let alone a sustainable one. In this article, we give you our top 6 questions that you should ask before appointing a family mediator.

1. Do you offer a free consultation?

Your mediator should take the time to speak to you without obligation. Speaking directly to your mediator allows you to assess their suitability. From your conversation, you should be able to tell whether your mediator is genuinely interested in helping you, their impartiality to the dispute, whether your mediator can summarise the issues in dispute quickly and how well they communicate and explain their process to you. You can also find out about the mediator’s qualifications and experience.

2. When did you qualify as a mediator?

You’ll be surprised to hear that to become a mediator, you only need to undertake a basic mediator training course before offering mediation services. Basic mediation training is just the starting point in becoming an experienced and effective mediator who can handle the varying complexities of family disputes and their dynamics. Ask your potential mediator whether they have undertaken Advanced Mediation Training, do they write on the topic, present on the subject etc.?

3. How much experience do you have mediating family disputes?

Choosing a mediator who works in the field your dispute has arisen is best placed to understand how and why the dispute arose and will have strategies to help move your dispute towards a successful resolution.

Many lawyers are also mediators. However, being a lawyer is an entirely different role from being a mediator. Beware of lawyers who say they have practised family law for many years, implying they have the same level of experience to mediate your family dispute. What you need to ask is how many mediations they have conducted. This will tell you how much experience they have as a mediator. Remember, as with all things, experience is key.

4. Have you ever been appointed to any mediator panels?

If you have a mediator who has been appointed to any government mediation panel, you can be assured that they benefited from additional training and mentoring from some of the most experienced senior mediators in the field.

5. What is your background?

Mediators come from all sorts of backgrounds. Some mediators are social workers, psychologists, accountants, and lawyers.

When seeking a mediator, you need someone who understands the legal process and the law around parenting and property matters, especially if you are looking at documenting your agreement as a property or parenting court order. This is where an experienced mediator with solid experience in family law is invaluable.

Lawyers are used to dealing with conflict and different personalities. They can help steer conversations in a calm and focused way, helping the parties reach an agreement. They are better placed to reality test a party’s position, knowing the likely outcome if that position remains unchanged should the matter proceed to court.

6. How much do you charge?

Mediation costs vary from one mediator to the other. If you search on google, you will find some mediators charging as little as $500 per day and some as much as $5,500 per day!

If the fees are low, you have got to ask yourself, “how much experience does this mediator have? Will they have the skills to help me reach a solution that works for me and my family? What is their professional background? What is their success rate?

The fees set by each service provider are often based on the mediator’s background and level of experience. But a note of caution – we have found that some mediation organisations charge excessively, given their recent qualifications as a mediator and limited mediation experience. This is why it is so important you ask questions about this.

Arora Legal offers a range of fixed-fee legal and mediation services.  To find out how we can help you, BOOK your free 15-minute consult today or call 07 3180 0129 and speak to our specialist lawyer.  By contacting us today, you can take the first step towards resolving your family law issue and moving on to a brighter future.

Additional Resources

Produced for the Family Court and developed to educate Parents, it features families as they work through family separation and divorce conflicts.