20 Aug How much does mediation cost in Australia?
When divorcing or separating, some people may believe that court is their only option to solve financial and parenting matters. They envisage drawn-out legal proceedings, their private drama aired to the public and huge legal debts.
This is a common misconception. Fortunately, separating parties do have other options.
Mediation is a great – and more affordable – place to start.
What is mediation?
Mediation is a voluntary dispute resolution process where an independent third person supports the parties to reach a fair resolution. It can help a separating couple navigate issues such as parenting arrangements, property division, child support and other financial matters.
When successful, mediation is often a more positive experience than going through the court system. That’s because it typically demands less time, money and mental energy to resolve the matter.
When both parties are on board to resolve the matter efficiently and respectfully, mediation is a fantastic process. And because this process happens completely outside of the court system and does not involve a judge it’s a relatively efficient and practical way to come to an agreement. So it’s typically more cost-effective than court proceedings.
So, how much does mediation cost in Australia?
The cost of mediation is of course highly variable. But it typically ranges to just around a few thousand dollars. Bearing in mind that litigation and Family Court proceedings can often cost $70,000 or more, mediation is a far more affordable option.
So if you’re considering mediation, here are some factors that may impact your mediation costs in Australia.
Mediator fee
The fee to engage a qualified family law mediator will vary depending on their expertise, experience and location, and will be the bulk of your mediation expenses along with your family lawyer. In Queensland you might expect to pay about $2,800 for an eight-hour day, plus GST and the cost of the venue, which is a price set by Queensland Mediation.
Some mediators will charge a flat fee for a four-hour or full-day session, like Queensland Mediation. Others may instead charge an hourly rate, which will be charged to both parties.
It’s important to choose a mediator who has expertise and experience in the particular area that you are resolving. Both parties should be happy with the final choice of mediator especially as mediation expenses are typically shared between the two parties.
Family lawyer fee
While not strictly required, engaging a family lawyer can be a huge help through the mediation process. They can offer professional advice, act as a sounding board and help you to prepare for the session.
They will be able to provide honest, objective advice – which may not always be the case when seeking opinions from friends and family!
Separation and divorce can be a truly emotional time. Having a professional in your corner will help you to keep things in perspective and focus on the facts. They will let you know what your legal rights and responsibilities are, and help you draft your proposal.
Your lawyer will also help you prepare, advising on what you need to bring and what you can expect . They can also attend the session in person to represent and support you through the process.
Of course, this will mean you also need to pay lawyer’s fees. Seek a legal team that is transparent about their fee structure. Make sure you fully understand the costs involved and perform a cost-benefit analysis.
Fees to file a consent order
If your mediation session is successful and you reach an agreement, you can file a consent order with the court which will include fees. A consent order is a legal document that outlines the details of this agreement. Once a consent order is approved by a judge, it becomes legally binding.
This is an important step in the process. Without it, any agreement reached in your mediation session is not legally enforceable.
It’s likely you will need assistance from a lawyer to help file your consent order with the Family Court. At the very least, you should obtain legal advice before filing.
[H3]Fees to hire a mediation venue
The mediation session is usually held in a venue that is convenient to both parties. This will sometimes require a hire fee. Costs may increase if parties do not wish to communicate directly but prefer to wait in separate rooms, with the mediator moving between each.
Alternatively, mediation sessions can also be held online via a video conference.
Interpreter fee
If one or both parties need an interpreter to communicate with the mediator, this will likely come at an additional cost.
[H3]Childcare costs for the mediation session
If a separating couple is in mediation to discuss parenting arrangements, they will likely need to consider childcare costs for the day.
Alternatively, you may wish to try child-inclusive mediation, which is facilitated by a trained child specialist and involves your child.
How to keep mediation costs down in Australia
As with most legal processes, time is money. Both parties being fully prepared before the mediation will help to minimise costs.
Simple ways to make your mediation session as efficient as possible include:
- Having multiple copies of all necessary documents with you
- Having a clear idea of what you wish to achieve
- Considering areas where you may be willing to negotiate with your partner
- Minimising distractions during the session
- Making sure you are well rested with a clear mind
- Trying to discuss the issues logically, separate to emotions
- Keeping your focus on achieving a resolution
Finding a family lawyer
Need professional advice on whether mediation is the right avenue for you? Browse our free online resources or get in touch with Toomey Family Law today.
As family law specialists, our team can advise you on your rights, responsibilities and how much mediation will cost you in Australia. We offer a fair and transparent fee structure, so you know your costs upfront.
Allow our experienced team to guide you through this difficult time with our range of family law services. We can support you through the mediation process, and beyond.