WHAT IS FAMILY MEDIATION? WHAT IS FAMILY DISPUTE RESOLUTION?
Family mediation (also known as family dispute resolution or FDR) provides an out-of-court process for separated couples to work through issues such as care arrangements for children; dividing property and finances; and child support. This process uses a neutral third party called a mediator or Family Dispute Resolution Practitioner to help people discuss issues, look at options and work out how best to reach agreement.
WHAT ARE THE BENEFITS OF FAMILY MEDIATION?
Family mediation or FDR can benefit people by:
– Helping people reach agreement sooner.
– Helping people save money on legal fees.
– Keeping families out of Court.
– Helping separated parents minimise conflict and improve communication for the benefit of their children.
DO I HAVE TO ATTEND FAMILY MEDIATION AFTER SEPARATION?
In Australia, people are encouraged to try and resolve family law issues out-of-court. In most cases, a person applying to the Court for parenting orders must file a certificate from a Family Dispute Resolution Practitioner (see below for more about FDR practitioners). This certificate is known as a ‘section 60I certificate’. The certificate tells the Court if the parties have made a genuine attempt to resolve issues through family dispute resolution. In other cases, the certificate may inform the Court that the matter was not suitable for family dispute resolution.
You can read more about family dispute resolution in parenting matters here.
In financial cases, people are expected to attempt mediation, negotiation or another out-of-court process to try and resolve their matter. These processes are outlined here.
HOW DO I CHOOSE A FAMILY MEDIATOR?
If you are looking for a mediator to assist you and your former partner work through family law issues, you should make sure they have the right qualifications.
Your mediator should be accredited through the National Mediator Accreditation System (NMAS).
The NMAS is a national accreditation scheme for mediators in Australia. You can look up whether your mediator is accredited here.
Your mediator should be a registered Family Dispute Resolution Practitioner.
FDR practitioners are registered through the Commonwealth Attorney-General’s Department. You can search for an accredited FDR practitioner through the Commonwealth Register here. You can read more about FDR Practitioners here.
HOW DOES MEDIATION WORK?
Mediation is flexible and can be structured to support each family’s needs.
Mediations can be:
– face-to-face (everyone in the same room);
– by shuttle (each party in a separate room and the mediator moving between the two rooms);
– by video or phone conference;
– with or without lawyers.
In parenting matters, family mediators help parents focus on the children and work towards an agreement that will meet their children’s needs.
In property matters, mediators assist parties to work towards a fair financial settlement that takes into account the contributions they each made during their relationship, their respective financial positions and future needs.
WHAT HAPPENS IF WE REACH AGREEMENT?
Family mediators/FDR Practitioners can assist parties who have reached agreement about children’s matters to draft a Parenting Plan. Alternatively, each party can seek legal advice or assistance following mediation, to formalise any property or parenting agreement reached at mediation.
WHAT HAPPENS IF WE DON’T REACH AGREEMENT?
People may benefit from more than one mediation session to work through all of the issues between them. For example, it usually works best to have separate meetings about parenting and property matters. In some cases, mediation can help people reach an initial or partial agreement, or to narrow the issues in dispute. This can save parties a lot of time and money that would otherwise be spent negotiating through lawyers, or seeking a resolution of all issues through the Court.
If you are unable to resolve any or all issues through family mediation, or if your matter is not suitable for mediation, registered FDR Practitioners can issue a ‘section 60I certificate’ to allow you to seek a resolution through the Court.
HOW CAN LISTEN TALK RESOLVE ASSIST?
Renee Toy is a nationally accredited mediator and registered FDR Practitioner. Renee is a former family lawyer, and a current Sessional Registrar with the Family Court and Federal Circuit Court of Australia. She therefore understands the complexities of family law issues and the benefits of choosing mediation to resolve issues, rather than taking matters to Court.
For information on booking a family mediation with Listen Talk Resolve, click here. You can contact Renee to discuss your matter or talk about mediation in more detail here.
