Hi - so after months of getting nowhere with letters between solicitors we're now scheduled for a full day mediation at VicBar mediation centre in Melbourne in a few weeks. Barrister will be representing me. Hoping to resolve all parenting and financial matters in dispute. Has anyone else done this? How did it go? Tips/pitfalls?
VIC VicBar mediation
- Thread starter tigerman2705
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Have done it. Complete and very expensive failure. Mediation is only useful if both parties are keen on avoiding court and prepared to negotiate to achieve that. Using a barrister, professional mediator or FDR centre does little to change prospects, just the bill.
Agree with Royale. If you think the other party genuinely won't settle don't waste your money bringing in the barrister. Have you and your ex in separate rooms and have the mediator go from you to your ex. Let your ex bring in a barrister.
My mediation was a total waste of money and I didn't bring in a barrister. Was originally ordered by court, on recommendation of lazy lawyers, to use a mediator at $10k for the day and that's excluding my barrister fee. I refused to go as they wanted to do it via zoom during covid. Judge slammed me but it was the right decision. 2nd mediation I knew ex wouldn't settle so I went alone and we paid $3k (or something). I actually wish I just ticked the mediation box with Relationship Australia at $150.
My mediation was a total waste of money and I didn't bring in a barrister. Was originally ordered by court, on recommendation of lazy lawyers, to use a mediator at $10k for the day and that's excluding my barrister fee. I refused to go as they wanted to do it via zoom during covid. Judge slammed me but it was the right decision. 2nd mediation I knew ex wouldn't settle so I went alone and we paid $3k (or something). I actually wish I just ticked the mediation box with Relationship Australia at $150.
Hi, reporting back in on this and can say it was a big success. 55-45 my way for property. Kids being 16, 15 and 12 can basically go where they want. Binding child support agreement being drawn up on assumption it’s pretty much 50-50 care. All’s well that ends well. Cheers.
Although I also agree with Royale, it sounds like in your case, the other party was probably under some kind of pressure to settle the matter, either financial or from her legal counsel who recognised that her case was not strong.
I had mixed success with mediation. At least you got to attend mediation in person. Mine was originally booked for mediation at the Vic Bar Mediation Centre last year but had to be cancelled due to Covid restrictions and we held it over Zoom (which actually saved us money as the fee for the rooms were substantial on top of the cost of representation and the mediator!
In the end it worked out for me and we settled due to a really good mediating barrister, but I think ultimately it came down to the fact that the next step was going to be a trial and neither of us wanted it, although I had more to gain from a trial than she did, so I was prepared to go there if necessary, and I think that applying pressure on an unreasonable party is what eventually gets you the result. Earlier on in the legal process, the unreasonable party (especially if they are the primary carer) tends to feel like they can do what they want with no consequences, and sadly that's largely true.
I had mixed success with mediation. At least you got to attend mediation in person. Mine was originally booked for mediation at the Vic Bar Mediation Centre last year but had to be cancelled due to Covid restrictions and we held it over Zoom (which actually saved us money as the fee for the rooms were substantial on top of the cost of representation and the mediator!
In the end it worked out for me and we settled due to a really good mediating barrister, but I think ultimately it came down to the fact that the next step was going to be a trial and neither of us wanted it, although I had more to gain from a trial than she did, so I was prepared to go there if necessary, and I think that applying pressure on an unreasonable party is what eventually gets you the result. Earlier on in the legal process, the unreasonable party (especially if they are the primary carer) tends to feel like they can do what they want with no consequences, and sadly that's largely true.
