Property Mediation
When the mediation process is commenced, the first meeting that the initiating participant will attend is a one-on-one chat with the mediator. This meeting is called an intake/assessment session. This is a confidential session between the participant and the mediator.
After seeing the first participant, the second participant will be invited to attend an intake/assessment session of their own, which is confidential as well.
With property matters, one of the important steps is ascertaining the property pool. This includes current assets and liabilities and therefore documents can be swapped between parties during and in between sessions.
We ask that you provide us with genuine estimates of the value of your assets. Your former partner will be asked to do the same at their intake appointment. This information will be exchanged between the two participants. If the value of an asset is in dispute and you have not gotten an appraisal or valuation of it, you may wish to do so at that stage.
The intake session is scheduled for two hours and this is where the history of your relationship and current circumstances will be discussed. Even when your matters have nothing to do with what might have happened in the past, it is important for us to understand past and present dynamics of your relationship with the other participant,
After both intakes, the mediator will assess the best way to conduct the sessions and ascertain if mediation is suitable.
If mediation is assessed as suitable, both participants will be invited to the first mediation session. You will discuss and finalise the property pool, then consider the different proposals that are put forward by each participant in splitting your pool with the assistance of a mediator. Past contributions and future needs of each party can also be included as part of the discussion and these can shift each party’s property interests accordingly.
By the time of the mediation session, you would have had interactions with the mediator, and the mediator would have highlighted how the mediation process works. However, throughout the mediation process, you will get constant reminders of what you need to remember and we have listed a few of the important points as follows:
The mediator is neutral and impartial and will not take sides with either participant.
The mediator is interested in the best outcome for all participants involved.
The mediation sessions are confidential and admissions made at mediation cannot be used as evidence in court. This is only far as the law permits and there are exceptions in limited circumstances, particularly where there are safety concerns for the participants involved.
Independent Legal advice before, during, and after the mediation process is HIGHLY recommended.
Common courtesy is required of all participants including being respectful in all conversations and correspondence with the other participants and the mediator.
Mediation is a future-focused process. We acknowledge the past, however, there is not much room to dwell on it.
The mediator will draft some notes during the mediation process and these can be turned into a cohesive and comprehensive agreement if required. There is a cost applicable for drafting an agreement.
We recommend that participants come prepared with all relevant documents for their property mediation sessions.
FULL & FRANK DISCLOSURE is required to enable property discussions to take place.
To Book Your Property Mediation Session at Family Intermediary please follow this link where you will find the available times and dates for a mediation intake assessment. For further mediation costs please follow this link.
Contact Family Intermediary on 0415435151 to discuss any of your Family Mediation enquiries.