Family mediation or family dispute resolution allows the parties to work through their family law issues to an end result by encouraging discussion, generating options and allowing time to explore those options in a safe and supportive environment.
Family dispute resolution is a challenging area close to our hearts.
The Judges of the Family Court and the Federal Circuit Court do the very best they can, knowing really very little about your personal situation and the history of your family and its current needs.
The majority of these disputes are better dealt with outside of the court system through family dispute resolution, allowing the parties themselves to control the outcome and find the best and most sustainable result for themselves and for their children.
An experienced family dispute resolution practitioner can help parties navigate these rough water
The adversarial court process delivers a difficult , lengthy and expensive experience for those involved.
An appropriately trained family dispute resolution practitioner can mediate issues such as financial and property adjustment, spousal maintenance, and child support. Parenting matters can include the arrangements for the care of children when couples separate.
The mediator will assist with identifying issues that are keeping the parties from coming to arrangements for the care of the children. The mediator will explore ideas and options to assist the parties while always focussing on what is in the best interests of the children.
The Agreement reached can be set out in a Parenting Plan which is not filed in court or Terms of Settlement which are then made into court orders.
Children’s issues must be mediated before the commencement of court proceedings except in limited circumstances. In all matters that proceed to the Federal Circuit and Family Court of Australia each party must show that they have made a genuine attempt at trying to resolve the issues in dispute.
If the matter needs to go to court a party needs to obtain what is called a Section 60I certificate from an accredited family dispute resolution practitioner. Beverley is authorised to issue a Section 60 I Certificate in accordance with the Family Law Regulations.
Family dispute resolution can proceed face to face, telephone, shuttle face to face, shuttle telephone, Zoom or Microsoft Teams. The style and duration of the mediation can be tailored to the needs of the parties.
It is a flexible and fluid process and it needs to be.
It is undertaken in a safe and supportive environment.
Family dispute resolution may be conducted by one mediator or it may follow a co mediation model with one female and one male mediator.
Grandparents and or other significant interested parties may be engaged in the process.
Child inclusive practice may be arranged.
The resolutions reached are sustainable and parties may return for further sessions if required.
If court litigation has commenced, it is not too late to bring the matter to a well-qualified and experienced mediator. Indeed, more often than not the Court will refer the parties before it for mediation.
Our practice provides all of these services.
Useful resources:
Family Relationships Online Website –http://www.familyrelationships.gov.au
Children
Some of the matters can include:
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Where are the children going to live when one parent moves out or the home is sold?
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What time will the children spend with the other parent and how will that work?
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What happens if one parent re-locates with the children to another state or into a regional area with no arrangements in place for the other parent to spend time with the children?
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Who makes the long- and short-term decisions about the children?
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Can the grandparents be involved?
Financial
At separation, parties are often at their most anxious and vulnerable.
Mediation can assist the parties to both identify the family asset pool with liabilities from the relationship and explore options to agree upon a distribution of the assets and liabilities between the parties at separation.
The Federal Circuit and Family Court of Australia focusses on severing the financial ties between the separated or divorced parties.
Process
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Family dispute resolution can proceed face to face, telephone, shuttle face to face, shuttle telephone, Zoom or Microsoft Teams. The style and duration of the mediation can be tailored to the needs of the parties.
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Mediations can take place with or without lawyers. Parties can bring a support person with them by arrangement.
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If parties do not wish to be in the same room (face to face, telephone or virtual) we follow a process called a shuttle mediation. This means that the parties stay in separate rooms-physical or virtual or on separate lines throughout the process and the mediator moves from one to the other. If the mediation proceeds as a face to face mediation there will always be, what we call, a “break out” room where the mediator can speak privately to each party and their lawyer or support person.
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For children’s matters each party will be asked to complete an Intake Questionnaire and Assessment and provide it to Beverley so that she can assess the suitability of the dispute for mediation and gain an understanding of the issues to be discussed. Beverley will then arrange to discuss the completed form with each party via a Preliminary Telephone Conference or a face to face meeting if more suitable.
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For financial matters each party will be asked to set out on a simple form (used regularly in courts and by lawyers) known as a Balance Sheet, or, if more suitable an excel spreadsheet, the assets, liabilities, superannuation and any financial resources from the relationship.
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An exchange of financial information between the parties will also be discussed as well as whether or not there are any asset valuation issues.
Beverley will help you to prepare for the mediation and will guide you through the process from start to finish.
Agreement
When an agreement is reached in the mediation in relation to parenting and property/financial issues, we can assist you with the preparation of a Parenting Plan or Heads of Agreement:
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The Parenting Plan will not be filed in Court;
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The Heads of Agreement will then need to be set out in a document known as Consent Orders that will be filed in Court along with an Application for Consent Orders seeking that the Court make the Orders.
You can choose to set out the property agreement reached in Consent Orders or a Binding Financial Agreement. The Binding Financial Agreement will not be filed in Court.
Costs
“The mediation can be arranged for:
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½ day or a full day;
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½ day is 3 hours and generally runs from 10.00am to 1.00pm or at another agreed time; and
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Full day is 6 hours and generally runs from 10.00am to 4.00pm or at another agreed time
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Prior to the mediation day we engage in an Intake Process which includes an Intake and Assessment Questionnaire being provided to each party for completion and return to the mediator. Arrangements are then made for an Intake
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Conference/Preliminary Conference by telephone/zoom or Microsoft Teams to take place with each party also prior to the mediation day. This conference will normally run for 30-40 minutes with each party.
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Our fee for ½ day (inclusive of the Intake Process)is $880.00 inclusive of GST per party;
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Our fee for full day (inclusive of the Intake Process)is $1,320.00 inclusive of GST per party;