Shepherds Family Law | Evaluating the Family Law Settlement Service
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23 Sep Evaluating the Family Law Settlement Service

Posted at 23:24h in Mediation by

I am one of the mediators appointed to the Family Law Settlement Service operated by the Family Law Courts.

A detailed Evaluation Report of the Service has been prepared by Marilyn Scott of the University of Technology Sydney.  The Report examines the initial 148 cases referred to the Service for mediation in 2012.  Here is a link to the report.

Some interesting features of the Report are:

  1. 58.4% of matters referred to the Service for mediation settled or did not proceed to hearing.  The report estimates this saved around 132 days of court hearing time – and avoided significant costs for the parties and the Courts.
  2. 73% of the parties reported that the mediators were even-handed, listened to both sides of the story and were “carefully in charge of the process.”  Similarly, 73% of parties reported that their lawyer supported them in the process.  This is consistent with my experience as a mediator that parties find the mediation process to be productive and empowering – irrespective of the outcome.
  3. The settlement rate of 58.4% however is less than generally reported in mediation.  I suggest this be may because:
  • Some of the spouses consented to mediation – but many were ordered to attend mediation regardless of their objections.  Higher settlement rates occur where parties voluntarily agree to mediation.
  • Only three hours were allocated to each mediation, plus a one hour pre meeting for each party with the mediator.
  • The parties were already involved in court proceedings suggesting low levels of communication and high levels of conflict.  In such cases, mediators need more time with parties to assist them to reach good agreements.
  • Prior to mediation, the parties had already failed to reach agreement during conciliation conferences with a court registrar.
  • Given these circumstances, the settlement rate of 58.4% was quite good.

Success at reaching agreements at mediation can be increased through careful preparation.  Here is a page on my website which my mediation clients have found useful in achieving good agreements.