Mediation of Disputes

David Jenkin is one of SA’s best known mediators. He is a nationally accredited mediator and has acted as the mediator in disputes ranging from family law property settlement entitlements to a wide variety of general commercial disputes.

Mediation Process

The process of mediation is one by which the parties involved, together with the assistance of the mediator:

  • isolate issues in the dispute; and
  • develop and consider options to resolve those issues; and
  • if appropriate – attempt to agree to one or more of those options; and
  • if a child is affected – attempt to agree to options that are in the best interests of the child.

The mediator’s role is to facilitate discussion between the parties in relation to the dispute, and is not:

  • to advise them what to do in relation to each other; or
  • to provide them with legal advice.

Mediation may not be appropriate for all disputes, particularly if a dispute involves violence that renders one party unable to negotiate freely because of another’s threats.

A party has the right to obtain legal advice at any stage in the mediation process. A party has the right to terminate the mediation at any time.

Family Law Mediations

David Jenkin provides private Mediation in Family Law matters.

David is a nationally accredited mediator and has over 40 years’ experience in Family Law and over 30 years’ experience as a mediator. David is not registered as a FDRP and, therefore, cannot provide certificates under section 60I. David’s focus in mediation over the past 30 years has been in property settlement and commercial disputes. He is a member of the advanced panel of mediators with Resolution Institute (formerly LEADR), the Franchising Code and AIFLAM list of mediators and the Adelaide Magistrates Court Mediation Panel.

The Federal Circuit and Family Court Rules require parties to complete a genuine steps certificate before commencing proceedings in a Court in financial matters. David can conduct such a Mediation.

If parties are legally represented David does not require that there be a separate meeting with the parties and/or their representatives prior to the Mediation, although that can often be desirable. If parties are unrepresented he does require them to attend a private intake session with him.

It is preferable to allow at least 3 hours for a Mediation.

We expect the lawyers to prepare Mediation Particulars to be provided to David at least 2 days before the mediation which set out the issues in dispute, relevant background, a balance sheet of assets, liabilities and financial resources, a summary of contributions and spousal maintenance factors and orders sought.

If proceedings have commenced, David only requires relevant Court documents supplementary to the Mediation Particulars to enable him to have a proper understanding of the issues in dispute .

If agreement is reached, it will be recorded either in the form of a Heads of Agreement or, alternatively, a Minute of Order so that the lawyers can arrange for Consent Orders to be made.

Fees

The typical cost of a Mediation (assuming there are 2 parties) are:

Half day (3 hours) 
plus pre-mediation attendances = $1,732.50 (incl GST) per party

Full day (6 hours) 
plus  pre-mediation attendances = $2,598.75 (incl GST) per party

There may be additional fees based on an hourly rate of $525 plus GST shared equally between the parties, ie Mediation runs significantly longer than the allocated time. Our rooms, which include “breakout rooms”, are available at no charge.

Feel free to contact David Jenkin should you require such a mediation on 8232 8422 or 0412 844 800 or via email at djenkin@howejenkin.com.au.

Do You Need Assistance?

Please contact our office to arrange a consultation on how we can assist you with your family law matter.