FAMILY LAW MEDIATION
Mediation is an alternative way of resolving your family law dispute without the high costs, emotional stress and lengthy delays associated with Court proceedings.
Mediation is compulsory for parties to parenting disputes before they can apply to the Family Court or Federal Circuit Court for parenting orders, subject to certain exceptions. Parties to a property dispute are also under an obligation to make a genuine effort to resolve their differences through dispute resolution before applying to the Court for property orders.
Family law mediations are conducted by an accredited Family Dispute Resolution Practitioner (“FDRP”). A FDRP is an impartial third party who can assist you and the other party discuss issues, look at options and work out how best to reach an agreement which accommodates the interests and needs of all parties and, if children are involved, ensure that the best interests of the children is the paramount consideration.
A FDRP has no advisory or determinative role and cannot impose a decision on you, providing you with greater control over the outcome. Everything that is said during the FDR process is confidential, meaning that if the parties are unable to resolve the matter, what was said during FDR cannot later be used as evidence in Court proceedings. This is subject to the FDRPs mandatory reporting obligations in certain circumstances, including where a child is at risk of harm, there is a threat to someone’s life or health, or a threat to commit a crime.
WHAT’S INVOLVED IN THE MEDIATION PROCESS?
INTAKE SESSION
Prior to any joint mediation session, the FDRP will meet individually with each party for an intake session. During the intake session the FDRP will:
- Obtain background information about the matter.
- Discuss what you want to achieve through the mediation process.
- Assess the suitability of the matter for mediation.
- Provide you with information about the mediation process and what to expect during the joint mediation session.
The intake session also provides you with the opportunity to ask questions about the process.
The intake session is confidential. Anything you say during the intake will not be discussed with the other party without your consent.
JOINT MEDIATION SESSION
The joint mediation session is where settlement discussions between the parties begin. The joint session can be conducted at our office with the parties in the same room or in separate rooms, as well as over the phone or via Zoom.
The joint mediation session follows the following structure:
- Inviting each party to express what matters they wish to discuss.
- Identifying the issues which need to be resolved.
- Exploring the issues in dispute by way of an open discussion between the parties.
- Generating, considering and testing resolutions to the issues in dispute.
- Reaching an agreement on some or all of the issues in dispute.
The joint session usually takes about 3 hours depending on the number of issues which need to be discussed and the complexity of the issues. It may be necessary to go beyond the 3 hours or even to come back on another day.
WHAT HAPPENS IF WE REACH AN AGREEMENT?
If an agreement is reached the FDRP can assist by preparing a “parenting plan” for parenting matters or “heads of agreement” for property matters. These documents record the terms of agreement but are not legally binding.
If you wish to have a legally binding agreement prepared then it will be necessary for you to engage a solicitor to prepare Consent Orders for filing in Court or, where appropriate, a Financial Agreement. A lawyer will be able to provide you with advice about which of those options is most suitable to you.
WHAT HAPPENS IF WE DON’T REACH AN AGREEMENT?
Despite the best efforts of both parties it may be that you are unable to resolve all the issues in dispute. If this is the case, the FDRP can issue a s60I certificate under the Family Law Act which is required in parenting matters to commence Court proceedings.
HOW CAN I BOOK A FAMILY LAW MEDIATION?
Our Family Dispute Resolution Practitioner, Kristy Durrant has availability to book a date within a 7 day timeframe so a resolution can be met quickly and amicably. To get started call our office on 9523 5535 to discuss availability and costs.
