Mon - Fri 8.30am to 5.00pm
Saturdays 9am to 12pm by Appointment
Family Mediation
Family Dispute Resolution, or Family Mediation, is specifically designed for the resolution of Family Law matters.
Family Dispute Resolution is the term used to describe the confidential mediation conferences structured to assist couples, and adult family members, to make agreements following separation and divorce.
The conferences are designed to assist a separated couple to identify the issues in dispute and to negotiate terms for a parenting plan and/or agreements for separation, child support and the distribution of the property of the relationship.
Clients then have the option of using these agreements to generate Orders by Consent which are then seen by the Court as enforceable.
It is
now compulsory for separated couples
who have a dispute about property or parenting matters, to make a genuine effort to resolve the dispute through Family Dispute Resolution.
At the very least, the process will help to clarify what the outstanding issues are between you, which will save you time and money should the matter progress.
When the parties to the three-hour conference negotiate successfully, a parenting plan, settlement or maintenance agreement can be drafted. These agreements, negotiated by you, allow you to control the process as well as the outcome. This can save you months or even years in the Family Court system.
A Family Dispute Resolution practitioner is a mediator who deals specifically with Family Law matters. A Family Dispute Resolution practitioner will assist you confidentially, and will act impartially and independently within the guidance of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
Family Dispute Resolution practitioners are accredited by the Attorney General and are specifically trained to issue Certificates under the Family Law Act 1975.
These Certificates are required by the Court should your matter need to come before the Court.
The Family Dispute Resolution (FDR) practitioner will interview you both separately. This interview is called an Intake Assessment.
During this interview the FDR practitioner will provide you with information about the mediation process and ask questions to ensure your safety and the suitability of the proposed mediation.
The FDR practitioner will help you to identify the issues you wish to discuss with the other party and why. The FDR practitioner will help to determine what type of mediation will take place, for example face to face in the same room or when it is not suitable to have each person in the same room the FDR practitioner may arrange to go back and forth from different rooms. This is called ‘shuttle mediation', telephone mediation, or a solicitor-assisted mediation.
When your mediation takes place, it will be conducted in a private and comfortable venue. Each party will be given an opportunity to confidentially introduce the issues they would like to discuss and resolve, and any objectives identified by both parties.
The parties will be given the opportunity to discuss these issues with each other. The FDR practitioner will help to identify the issues that need to be resolved and encourage each party to listen to the other’s point of view. The FDR practitioner will try to keep each person on track and focussed on the children. Ideas and options will be shared with the aim of coming up with workable solutions. For a parenting matter, these are the solutions that are in the best interests of the children.
When required, the FDR practitioner will talk individually with each party to help move issues along or to discuss options for negotiation. The FDR practitioner will also ensure that the process remains fair and will check that all parties understands what is being said during the process and any agreements made.
The participants will be helped to develop a either a Heads of Agreement for Property matters, and/or a Parenting Plan to set out arrangements for the children.
In order for Parenting matters to proceed to court it is necessary to attach a Section 60i Certificate to an initiating application.
These certificates can be issued by our Family Dispute Resolution (FDR) Practitioners for the following reasons:
1. That one party did not attend the Family Dispute Resolution (family) mediation;
2. That after the intake appointment the FDR Practioner assessed that your circumstances were not safe or appropriate for family mediation;
3. Both parties attended the family mediation, and genuine efforts were made by everyone to reach a resolution, but couldn’t settle the matter or reach an agreement;
4. Both parties attended the family mediation, and genuine efforts were not made by everyone to resolve the matters or reach an agreement;
5. Both parties attended the family mediation, started the mediation process, but the FDR practitioner considered that it would not be appropriate to continue.
We use our combined mediation and family law experience to ensure that your agreement is documented in such a way as to be accepted by the court and drafted into Final Parenting, Property and / or Parenting and Property Orders by Consent. When drafting Parenting Plans we focus upon the best interests of the children and in anticipation of future events.
Helping you Resolve
Your Matter
Out of Court
Mediation
Mediation is a form of private and confidential facilitated discussion between you and the other party to a dispute. Mediation is a process designed to assist you to resolve a legal issue or dispute. Mediation provides a process by which you can have input and control over an outcome without the Court deciding for you.
This discussion is facilitated by a trained and impartial Mediator who adopts a specific process to ensure you are safe and confident throughout the process and that you have the opportunity to take breaks and to speak confidentially. Mediation can provide you with an empowering and cost-effective alternative to Court.
Family, property, neighbourhood and civil.
Yes. Mediation and negotiation throughout a family law matter can successfully resolve most disputes. Very few go through to a final hearing. The Court system encourages parties to reach their own suitable resolution. An application can then be made by the parties, through their solicitor to have the agreement drafted into Orders by Consent. These orders are then enforceable by the Court.
Our Team
We are experienced and accredited Family Dispute Resolution Practioners.
We act as independent and impartial mediators to help people affected by separation or divorce to resolve their parenting and property disputes.