Services

Mediation is a process run by a mediator to facilitate a discussion between two parties with a problem to resolve. The goal is for the parties to resolve the differences between them, avoiding the necessity to take their dispute to Court. FDR is a mediation process specifically applying to family law matters. A Family Dispute Resolution Practitioner (FDRP) is a mediator who has undertaken the extensive theoretical and practical training required to obtain accreditation with the Attorney General’s Department.

Mediation for separated couples

Mediation/FDR is invaluable in assisting separated parties to resolve parenting and property issues.

Mediation can also assist separated parties to make decisions about their finances after separation. This may include the division of assets, the provision of spousal support and ongoing child support.

The Mediation/FDR process can assist separated parties to make decisions about the care of their children. The issues that can be discussed regarding children are varied and can be tailored to the needs of the family involved. This can include the living arrangements for the children, the choice of schools, special events and occasions relating to the children, the attendance at extracurricular events and how costs relating to the children will be met. There are numerous other topics that might be discussed. Unfortunately, mediation is not appropriate for every situation and not every matter will be resolved at mediation. As a registered Family Dispute Resolution Practitioner, Sharon is permitted to issue certificates pursuant to Section 60I of the Family Law Act 1975 if required.

What is the role of the mediator?

The mediator is an impartial third person who assists parties to discuss issues with a view to reaching a resolution. First, a mediator helps parties identify issues for discussion. Those issues are then explored with a view to outlining the needs and interests of each party. The mediator will help parties discuss possible options for resolving their issues. Those options will be discussed and negotiated with a view to reaching an agreement.

What doesn’t a mediator do?

A mediator does not provide legal advice to either party. It is highly recommended that parties obtain legal advice before participating in mediation. A mediator is not a judge, and accordingly a mediator will not decide the outcome of a matter. It is a matter for the parties involved to reach agreement and make decisions.

Why participate in mediation?

• It is cost effective
• Decisions are made by the parties
• It is a confidential process
• It can help to preserve the parenting relationship

Do lawyers attend mediation?

We conduct mediations directly with separated parties and we also conduct lawyer assisted mediations. It can be beneficial to have a lawyer assisting with legal advice. If parties attend without a lawyer, it is usually recommended that legal advice is obtained prior to mediation.

Have you planned to attend mediation or family dispute resolution with another service or mediator and require some legal advice and support for this process? It is generally beneficial to obtain some legal advice before attending mediation. Almost all separated parties want to reach an amicable resolution and mediation is a very effective process for achieving that outcome. However, most of those parties have not experienced a family law settlement or a mediation and in any event, every situation is unique. We aim to provide some advice to a party before they attend mediation so they can participate from a position of being fully informed. To avoid a conflict of interest, we are only able to provide that advice to one of the parties to the mediation. The process is as set out below.

1. An initial consultation. This consultation is for the purpose of obtaining legal advice about your parenting and/or property matter prior to mediation. The consultation can also help you to identify any gaps in your knowledge or preparation prior to mediation to ensure that you adequately prepare and make the most of the mediation.
2. Additional consultations to prepare for mediation. If your matter is more complex, or it becomes apparent that there is more preparation required before you attend mediation, we can offer additional consultations to assist in your mediation preparation.
3. Attendance at mediation. If you have booked mediation with a Family Relationship Centre or a private mediator, we can attend mediation with you as your solicitor to assist with legal advice and negotiations.
4. Drafting mediation agreements. If you reach an agreement with your ex-partner at mediation, we can draft and advise on any necessary settlement documents.

Arbitration is a process which is available for family law financial disputes in which an independent arbitrator makes a determination of the dispute.

For financial matters that are already in Court, arbitration can be agreed to by the parties and then ordered by the Court. Arbitration can also be agreed to privately for financial matters that are not in Court. Arbitration results in a binding arbitral award which, subject to rights of review under the Family Law Act, is binding and enforceable.

An arbitration can be tailored to meet the needs of individual parties and their issues. An arbitration will almost certainly be heard in a much shorter timeframe than it would take for a matter to get to a final hearing through the Court. This shortened process will generally result in less costs than the Court process.

An arbitration can only be conducted by an arbitrator who is a legal practitioner with extensive experience in family law who has completed specialist arbitration training. An arbitrator has to be included in a Law Council of Australia list of practitioners. That list is maintained by the Australian Institute of Family Law Arbitrators and Mediators.

Sharon is an accredited arbitrator available to arbitrate financial disputes.

In appropriate cases where Sharon has been engaged as your mediator, we can organise a “child inclusive”’ mediation. A “child inclusive” mediation involves a specialist child consultant meeting with the children of the separated parties and that consultant providing feedback to the parents about what the children have said in relation to their experience and views. It is aimed at supporting parents to achieve the best psychological adjustment for their children. The advantage of this approach is that the children’s experiences and views will be accurately reported to the parents. Ideally, this will reduce the risk that parents have misunderstood their children’s experiences and views and may lead to parenting plans that are better suited to the children. In addition, a child may benefit from being heard. There is research reporting additional benefits resulting from this process, such as greater stability of care and parenting arrangements over the long term. We consider each family carefully and can make recommendations on a child inclusive process if we assess it as suitable. 

We can draft consent orders and/or a financial agreement where parties have reached agreement through negotiation or at a mediation, whether or not we have assisted with those negotiations. We are unable to draft those documents where Sharon was the mediator due to a conflict of interest. We can review your circumstances and may be able to provide a fixed fee in some circumstances. Call or email us for further information.