FAQs
1. |
Who or what is Queensland Mediation Agency Assist? |
2. |
Should I be represented by a Lawyer during mediation? |
3. |
Does retaining a lawyer have to be an all or nothing proposition? |
4. |
How do I choose a mediator that is right for me? |
5. |
What is the best way for me to suggest the idea of mediation with Queensland Mediation to my spouse or my child's parent? |
6. |
How long is the process? |
7. |
Can we use other professionals to help us in mediation? |
8. |
Can our kids be involed in mediation with Queensland Mediation? |
9. |
How will I be billed? |
10. |
What is equitable distribution? |
11. |
What is a mediation Suite? |
12. |
Does Queensland Mediation offer mediation services to parties who were never married? |
13. |
After our divorce or custody agreement is final, can mediation be used to address new circumstances? |
1. Who or what is Queensland Mediation Agency Assist?
Queensland Mediation is an innovative mediation service utilizing highly experienced, impartial, QMAA approved Mediators
to help divorcing couples get from one end of the divorce process to the other. The process is typically characterized by
greater dialogue and communication and less acrimony than litigated divorces. Couples and/or parents use our mediation service
to reach decisions that minimize the adverse impact of divorce or parental disputes on families while saving divorcing couples
time and attorney fees.
QMAA provides a comfortable environment with our Mediation Suites for separating couples or separated/divorced parents
to use while resolving all aspects of their divorce or custody issues. Our family Mediators can address custody itself, child
support, co-parenting, mainainence, equitable distribution of assets/liabilities, or any other issues requiring decision or
agreement. The proceedings are entirely discreet. If necessary, other important resources, such as psychologists, attorneys,
and financial experts can be included by the parties to help give even more clarity to the decision-making process.
At QMAA , we recognize that a civil divorce is no small achievement. Our goal is to assure that both parties feel that
their issues are being acknowledged and addressed, so that life after divorce is less about what happened then and more about
what will happen now. Because, while it may not seem like it at the moment, there is life after divorce, and with the right
decisions in place, it can be a good life.
2. Should I be represented by an lawyer during mediation?
You are not required to hire a lawyer in order to get divorced, but you can certainly engage a lawyer at any point before,
during or after the mediation process. The choice is yours.
While many of our Mediators are lawyers, they will not answer legal questions or provide legal advice. In fact, doing so
would be contrary to the ethics of mediation.
If, after speaking with our intake coordinator or Mediator, you are interested in mediation with QMAA, you can also discuss
us with your attorney and determine the role you desire for your attorney during the mediation process.
If you are not already represented, but wish to be before starting mediation with QMAA, we strongly recommend you contact
one of the mediation-friendly, resolution-oriented lawyers on our Solicitor Referral List, which we are happy to provide
to you along with our other materials. These lawyers have worked with our Mediators for many years and have proven their commitment
to resolving their clients' cases as cost-effectively and efficiently as they can. These attorneys believe that mediation
is one of the best ways to accomplish this.
3. Does retaining a lawyer have to be an all-or-nothing proposition?
No. Some clients proceed successfully through mediation without ever contacting a lawyer. Others succeed with their lawyers
available to them throughout the process. It's up to you. Here are a number of options.
- Consult with a lawyer before coming to mediation. You can seek a legal opinion about the range of probable outcomes related
to your issues if you were to use the court system, or you can speak with a lawyer to gain insight into the general laws of
divorce. For instance, counsel can advise you on the range of possibilities with child support, alimony, or how your assets
are likely to be divided under the divorce code. Getting this information in advance can be helpful to parties in the process,
but you and your spouse/partner may decide on a solution that is better suited to your personal situation than whats available
under the divorce code.
- Proceed to mediation, and then seek counsel when you determine the need arises.
Some clients choose to research their own legal questions and issues. There are free law libraries . While we believe that
advice from an experienced family lawyer is optimal, there are other sources of legal information.
- Retain a lawyer as a mediation “coach.” Seek advice from an experienced family lawyer to prepare for your
sessions and to identify the areas that you should address in mediation. Make sure that your needs are being addressed, and
seek advice on the best way to do this.
- Most mediations result in a Memorandum of Understanding summarizing all of the agreements that you reached in your mediation
sessions. In this case, we recommend that each party retain separate counsel from our Attorney Referral List to draft the
Final Property Settlement Agreement. Counsel can also draft any other agreements that may arise along the way, such as a custody
agreement.
4. How do I choose a Mediator who would be right for me?
When you contact us, you will work with a DivorceDoneRight representative who understands the mediation process. We will
recommend the divorce Mediator who is most compatible with your needs. You may request a specific Mediator based on your review
of his or her profile.
5. What's the best way for me to suggest the idea of mediation with QMAA to my spouse or my child's parent?
You can approach this in a number of different ways:
- Simply use our "email your other party" link at the bottom of this, and every other page, on our website. This function
enables you to send a link to this website and advises your other party that you would like them to consider mediation with
QMAA.
- We can send you two sets of brochures and materials, and you can give one set to your other party.
- All of our intake coordinators understand the mediation process. If they can't answer all of your questions, one of our
Mediators will. If, after you've spoken with us, you are interested in mediating with DivorceDoneRight, you can contact the
other party and let them know. If they are hesitant to call us, suggest that they visit our website.
6. How long is the process?
As each case is different, there is no set number of sessions per couple. Sessions usually last about two hours. Every
effort is made to keep the number of sessions to a minimum - while ensuring that both parties feel empowered by having their
issues "heard," explored, and resolved.
7. Mediation of Child and Spousal Support Issues
We recommend the use of any experts who can help a party in mediation to better understand his/her issues and who can provide
clarity so that they can make a fair and appropriate decision.
Experts, such as accountants, forensic accountants, real estate appraisers, financial advisors, and others, may counsel
either side, or the parties can choose to bring an expert into the mediation to assist them in the valuation and division
of assets. There are often tax ramifications to the manner in which maintainence and child support are structured, and an
accountant can be beneficial for advice in this regard. Financial advisors can help explain retirement plans and provide understanding
as to how they may be distributed between the parties.
Child psychologists or family mental health professionals can be helpful in assisting the parties to develop a custody
or co-parenting plan or can provide help to parents and children in mediation. As a service to our clients, we have prepared
a Family Therapist List of well-regarded therapists. These are the mental health professionals who our Mediators have worked
with for years and have chosen to endorse because of their excellence.
8. Can our kids be involved in mediation with QMAA?
You are in charge of the mediation process with QMAA . QMAA does recommend that parents start the process without
their children present. Because you are in control of the process, it is your prerogative to discuss this issue at mediation
and make a decision.
Often, when parents face this question, they benefit greatly from first seeing a child or family therapist. We have carefully
prepared a Family Therapist List of well-regarded therapists. These are the therapists who our Mediators have worked with
for years and have chosen to endorse because of their excellence.
9. How will I be billed?
We charge a flat, hourly rate for our mediation services. We do not charge a retainer. Payment is due at the time of each
mediation session. Unless you decide beforehand, you will determine early in the mediation process how the cost will be shared
or paid.
10. What is equitable distribution?
This is the legal term for dividing marital assets and marital debts.
11. What is a Mediation Suite?
We refer to our locations as Mediation Suites because they meet the QMAA standards for comfort, privacy, convenience,
and suitability for mediation. Unlike courthouse meeting rooms, which are often sterile, uncomfortable, and unaccommodating,
you will find our surroundings pleasant and conducive to quality mediation.
12. Does QMAA offer mediation services to parties who were never married?
Yes. Parents who were never married can seek to resolve child and legal custody issues. Same sex partners or couples who
never married can use mediation with QMAA as an opportunity to address division of property, financial issues, or any other
13. After our divorce or custody agreement is final, can mediation be used to address new or continuing circumstances?
Yes, there are many issues relating to custody, or carrying out financial agreements made during the divorce process, that
may be in dispute at some later date.
Issues related to your children change as they grow older. Co-parenting mediation can be a great tool for already divorced
parents or parents who were never married. It provides an opportunity for discussion and resolution of issues that arise after
a custody agreement has been reached. When parents can promptly address and resolve issues in a way that is responsive to
their children's needs and emotional sensitivities, it goes a long way towards easing their childrens stress when a decision
needs to be made by their parents.
Take control of your divorce.
Avoid
the fight with QMAA.