We are often asked questions about our process including the following: "What if I come for my mediation intake and the other party doesn't respond when invited?", and " What if the other party declines or refuses to attend the mediation?". These questions are understandable and require clear answers explaining how each of these situations is dealt with.
1. What happens during the initial Intake session?
The intake is a private, one-on-one session between you and your mediator. It is a safe space to discuss the history of the dispute, identify your primary concerns, and determine if mediation is the most suitable path forward. For over 25 years, we have used this stage to ensure every party feels heard and prepared before any joint session begins.
2. What if I attend my intake, but the other party doesn’t respond to the invitation?
It is common for one party to be more ready to move forward than the other. If the other party does not respond after our initial outreach, we will follow up with them directly. If they remain unresponsive, we can provide you with a Section 60I certificate (in family matters), which may be required if you eventually need to ask the Court for assistance.
3. What if the other party declines or refuses to attend the mediation session?
Mediation is a voluntary process. If the other party declines to participate, we cannot force them to the table. However, our practitioners are highly experienced in explaining the benefits of mediation—such as saving significant costs and time compared to the Queensland court system—which often encourages reluctant parties to engage. If they still refuse, we will provide the necessary documentation to show that you made a genuine effort to resolve the dispute.
4. If we reach an agreement in a Family matter such as a parenting plan, how do I turn it into Court Orders in Queensland?
An agreement reached in mediation is a “good faith” document, but it is not automatically a legally binding court order. To make it formal you can engage the help of a lawyer, or if it is a Family matter use the very straight forward do-it-yourself process here from the Family Court website: https://www.fcfcoa.gov.au/fl/forms/app-consent-kit
Drafting Consent Orders: You or your legal representative can draft a “Form 11 Application for Consent Orders”.
Filing with the Court: This document, along with your signed agreement, is filed with the Federal Circuit and Family Court of Australia (or relevant Queensland court for commercial matters).
The Benefit: Once a Registrar reviews and signs the orders, they have the same legal weight as an order made by a Judge after a trial, but without the stress and expense of a courtroom battle.
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1. What happens during the initial Intake session?
The intake is a private, one-on-one session between you and your mediator. It is a safe space to discuss the history of the dispute, identify your primary concerns, and determine if mediation is the most suitable path forward. For over 25 years, we have used this stage to ensure every party feels heard and prepared before any joint session begins.
2. What if I attend my intake, but the other party doesn’t respond to the invitation?
It is common for one party to be more ready to move forward than the other. If the other party does not respond after our initial outreach, we will follow up with them directly. If they remain unresponsive, we can provide you with a Section 60I certificate (in family matters), which may be required if you eventually need to ask the Court for assistance.
3. What if the other party declines or refuses to attend the mediation session?
Mediation is a voluntary process. If the other party declines to participate, we cannot force them to the table. However, our practitioners are highly experienced in explaining the benefits of mediation—such as saving significant costs and time compared to the Queensland court system—which often encourages reluctant parties to engage. If they still refuse, we will provide the necessary documentation to show that you made a genuine effort to resolve the dispute.
4. If we reach an agreement in a Family matter such as a parenting plan, how do I turn it into Court Orders in Queensland?
An agreement reached in mediation is a “good faith” document, but it is not automatically a legally binding court order. To make it formal you can engage the help of a lawyer, or if it is a Family matter use the very straight forward do-it-yourself process here from the Family Court website: https://www.fcfcoa.gov.au/fl/forms/app-consent-kit
Drafting Consent Orders: You or your legal representative can draft a “Form 11 Application for Consent Orders”.
Filing with the Court: This document, along with your signed agreement, is filed with the Federal Circuit and Family Court of Australia (or relevant Queensland court for commercial matters).
The Benefit: Once a Registrar reviews and signs the orders, they have the same legal weight as an order made by a Judge after a trial, but without the stress and expense of a courtroom battle.