How the Untying the Knot Property Settlement Mediation Process works
Step One - Intake
Before you start your family law property mediation process, our Mediator will conduct a 30 minute ‘intake’ session with each party, to determine:
- if mediation is suitable for you
- if so, what the best format for the mediation would be
and to explain the legal aspects of mediation (especially confidentiality).
Step Two - Mediation Agreement and exchange of information
Once mediation is deemed suitable, then we do the following:
- issue an invoice for the Property Settlement Mediation process
- email your Mediation Agreement to sign electronically
- provide a list of documents you need to exchange (this is called ‘disclosure’)
- circulate a questionnaire for you to complete online, to provide the Mediator with information about your property pool, the history of your relationship and your future needs
- Set up your Preparation Sessions and First Joint Mediation Session
Step Three - Preparation for Mediation session
Each party will then have a 1 hour individual meeting with the Mediator to prepare for your Property Settlement Mediation, during which we cover the following:
- conflict and communication style
- potential issues that might arise with your ‘Balance Sheet’
- discussion about your future needs and goals
Step Four - Joint Property Settlement Mediation session
This will be a session of 2 hours with both of you and the Mediator.
Depending on what was decided after your intake sessions, this will be conducted one of the following ways:
- in person in the same room as each other (but with breaks for private meetings with the Mediator)
- in person, each in a separate room (shuttle mediation)
- via Microsoft Teams (video) in the same ‘virtual room’
- via Microsoft Teams (video) in separate ‘virtual rooms’
During this session, the Mediator will work through the following with you:
- Finalising your Balance Sheet (current property pool to be divided between you)
- Discussing the information from your Questionnaires
- Discussing what a just and equitable property settlement would look like for you
- Noting action points required before a decision can be made
Step Five - Completion of action points
This is really your homework between sessions, to ensure that all information that is needed to make a final decision about your property settlement, has been obtained and considered.
Typically this might include things like:
- making enquiries about how much you can refinance to pay out a home loan and/or make payment to the other party
- obtaining legal advice if you wish to do so
- Sometimes it is necessary to get formal valuations of property such as houses, vehicles or businesses if that has not been done earlier in the process.
Step Six - Joint property settlement mediation session
This will be another session of 2 hours with both of you and the Mediator.
In this session, you will generate options for how your property pool can be divided.
Step Seven - Financial or Legal Advice if needed
This is another homework step, to ensure that all information that you need to make a final decision about your property settlement, has been obtained and considered. This may include:
- Legal advice about the proposed options and how to document your agreement
- Financial advice about the various proposals generated and which is the best mix of property for you
Step Eight - Joint Property Mediation Session
At this 2 hour meeting you will discuss with the Mediator which of the options generated in the previous joint sessions are your preferred outcomes, and why.
The goal of this meeting is to agree on an option so that a property settlement agreement can be drafted.
If you cannot agree, you may need additional sessions
Step Nine - Legal documents
You then need to document your agreement so that it will be legally binding.
Your options for this include:
- DIY (with resources provided by us to help with that)
- Engaging a fixed-fee family lawyer, to document the agreement for you
- A Binding Financial Agreement. These are typically used where there are aspects of the property settlement that might not be approved by the Court. If a Binding Financial Agreement is used, both parties are legally required to engage separate lawyers to advise on the agreement
How much does the property settlement mediation process cost?
Please note: all fees include GST
Please note: the fees below are per party (and include GST)
Total cost $1,760 per party ($3,520 total) (including GST) for intake sessions and Mediation sessions
What if we need to work out parenting arrangements too?
We often help parents work out both finances and parenting arrangements. Learn about our parenting mediation process.
Our base fees for a combined parenting and property process remain at $1,760 per party, but we may need additional sessions.