Mediation

by | Jun 7, 2024

 Family Law Mediation in Sydney, Canberra and Regional NSW

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Suzanne Pigdon and Rosemary Norgate are both family law specialists and trained mediators with extensive experience across property settlements and parenting arrangements. They bring to every mediation not only their skills as neutral facilitators, but the depth of their legal knowledge — which means they understand the framework within which any agreement must operate, and can help parties identify outcomes that are realistic, informed, and durable. 

What is Family Law Mediation

Mediation is a voluntary, confidential process in which a neutral mediator helps parties in dispute identify the issues between them, explore options, and work toward a resolution they both agree to. The mediator does not decide the outcome — the parties do. This is what distinguishes mediation from arbitration and from court proceedings, where a third party imposes a decision.

In family law, mediation can be used to resolve financial disputes — property settlements, superannuation splitting, and spousal maintenance, financial agreements — as well as parenting arrangements. It can be initiated at any stage: before court proceedings are commenced, after they have begun, or as part of the court’s own case management process. The Federal Circuit and Family Court of Australia generally requires parties to attempt resolution — including through mediation — before a matter proceeds to a final hearing.

 Where agreement is reached, it can be formalised as Consent Orders filed with the court, a Binding Financial Agreement, or a Parenting Plan, depending on the subject matter and what best suits the parties’ circumstances.

Why Choose Mediation

Contested litigation in the Federal Circuit and Family Court of Australia is expensive, slow, and emotionally draining. Property proceedings typically take between one and three years to resolve, with legal costs accumulating throughout. At the end of that process, the outcome is in the hands of a judge.

 Mediation offers a fundamentally different experience. Most mediations are completed in a single day. Costs are shared between the parties and are a fraction of contested litigation. The parties retain control over the outcome. And because agreement is reached voluntarily, it tends to be more durable than a court-imposed result.

Mediation is particularly well-suited to matters where:

  • Both parties want to preserve a workable relationship, especially where children are involved and ongoing co-parenting is required.
  • The dispute is about how assets are divided rather than what assets exist or what they are worth.
  • Privacy matters — mediation is confidential, whereas court proceedings are generally on the public record.
  • Speed is a priority — a negotiated outcome through mediation can be achieved in weeks or months rather than years.
  • The parties want to avoid the uncertainty and cost of leaving the outcome to a court.

 Mediation is not always appropriate. Where there is a significant power imbalance, a history of family violence or coercive control, or serious concerns about financial disclosure, the structure and protections of the court process may better serve the interests of the more vulnerable party. Suzanne and Rosemary will consider these factors carefully before accepting a mediation, including at the pre-mediation conference with each party.

Our Approach to Mediation

At the pre-mediation conference — held separately with each party prior to the mediation day — Suzanne or Rosemary will explain the process, discuss the issues in dispute, and consider whether an evaluative or facilitative approach is most appropriate for the matter.

 A facilitative mediator guides the negotiation without expressing views on the merits. An evaluative mediator may offer their assessment of the strengths and weaknesses of each party’s position, drawing on their knowledge of family law to assist the parties in understanding the realistic range of outcomes. The approach is agreed with the parties before the mediation begins.

 On the day, the parties may meet together or, where that is more appropriate, shuttle mediation can be conducted with the mediator moving between separate rooms. Each party should have received independent legal advice prior to attending. Legal representatives may attend the mediation with their clients if both parties agree.

Fees – Full Day Mediation $4,400 (including GST)

A full day mediation runs from 10am to 4.30pm and includes a 30-minute pre-mediation conference with each party prior to the day of mediation. If the mediation continues beyond 4.30pm, the hourly rate is $550 (including GST) per hour or part thereof. Fees are shared equally between the parties unless otherwise agreed. Funds are required to be held in trust prior to the mediation.

 Parties are responsible for the cost of mediation rooms. We can assist with information about suitable venues if required.

Where will the Mediation take place?

Sydney

Mediations can be conducted in person at a venue in Sydney arranged by the parties, or by video conference. We can assist with identifying suitable mediation rooms if needed.

Albury

Suzanne attends mediations in person in Albury with no additional travel charge.

Canberra & Regional NSW

Both Suzanne and Rosemary are committed to supporting clients in regional NSW. If you are located outside Sydney, please contact us to discuss options for in-person or video-based mediation that suits your circumstances.

Video Confence

All mediations — including shuttle mediations — can be conducted fully by video conference, allowing parties in different locations to participate without the cost or disruption of travel.

Who Can Engage Us as Mediators ? 

Our mediation services are available to:

  • Parties to a family law dispute — whether or not you are represented by a solicitor, provided each party has received independent legal advice before the mediation.
  • Solicitors — seeking to engage Suzanne or Rosemary as mediators for a client matter. We welcome enquiries from practitioners across Sydney and regional NSW.

 Please note that where Suzanne or Rosemary acts as mediator, they act in a neutral capacity only and cannot also act as your solicitor in the same matter.

Making a Booking  

To enquire about availability or make a booking, please contact our office. We will conduct a conflict check before confirming any engagement.

Enquire About a Mediation Booking Phone: +61 2 8907 7700  |  Email: [email protected] Grace House, Level 9, 279 Clarence Street, Sydney NSW 2000 Video conference available for all locations.

In family law, every case we see is different. Our approach is tailored to your specific needs and circumstances. Our case management is as follows:

Our Approach

  1. Conflict check: Before taking any case we make sure there is no potential conflict of interest with either of the parties.
  2. Partner introduction: As a potential client, you will immediately speak to a lawyer. This is an introduction over the phone, usually with one of our principals, to get the basic details of your case and introduce our firm.
  3. Initial consultation: You meet in person with one of our principals and the solicitor who will have day-to-day carriage of your matter. This meeting usually lasts about 1 hour and covers the background information of your case, with a focus on parenting and property issues. We provide preliminary advice where possible, identify options for resolutions, flag any key issues and recommend specialists where necessary.
  4. Strategy: Once we have all the relevant information, we construct a case strategy which best serves you and your family.
  5. Execution & support: Some cases take time and this can be a frustrating experience. Our priority is to keep you informed throughout the process and provide all the support you may need to be able to move on with your life.
  6. Resolution: Most cases resolve by way of negotiation adopting or more of the many alternatives to dispute resolution. In some cases of entrenched conflict or intractable dispute, a Court hearing may be required.

We advise on all areas of family law including property settlements, parenting plans, child support, maintenance, divorce and child support. We have extensive experience in all forms of dispute resolution including collaborations, mediation, arbitration, negotiated settlements and Court.

See Services

Our Process

Our process is tailored to the specifics of each case, beginning with an in depth understanding of your circumstances to formulate the best strategy for you and your family.

Recognised by Doyle’s Guide as a Leading Family Lawyers

We are consistently recognised as a leading family law firm and Suzanne Pigdon and Rosemary Norgate are consistently recognised as leading family lawyers.

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