Australian Family Mediation is also called Family Dispute Resolution [FDR]. In Australia, to be registered with the AGs Dept, a family mediator must be a Family Dispute Resolution Practitioner [FDRP]. This specialist qualification permits the Family Dispute Resolution Practitioner to conduct FDR for parenting, issue certificates and has training to conduct property disputes.

You need to think of a few things before you go to family mediation. When parents separate, it is a stressful time for the whole family. Having said that, parents do not necessarily need to be separated or in the process of separating, to utilise mediation. Communication barriers can be broken down in mediation, and conflict averted no matter what the state of the relationship.

If there has been domestic violence prior to or during the separation process, be mindful. Sometimes, circumstances of abuse may mean the dispute may not be suitable for mediation. If you are unsure, talk to me and let me know what your concerns are. The strictest confidentiality applies to any communications you may have with me prior to or during a mediation.

Stress and communication difficulties impact on parents’ ability to deal with the responsibilities of managing their children’s day to day lives and their own lives. I believe it is important that parents find support during this time and encourage parents to explore obtaining a support person in their lives. Mediators and lawyers are not permitted to assume the role of counsellors. So it is important for parents to have someone to talk to besides attempting mediation. Your solicitor has access to great resources for counsellors. Once parents have someone to support them through their breakup, then they will have the energy and perhaps what it takes to work out how to cooperate to raise their kids together even though they are separated or planning to separate.

I have assisted many, many separating couples to negotiate their way through the family mediation process (and I have  negotiated many settlement agreements as counsel during negotiations at trials). I prefer that before contemplating mediation, both parents have at least one adult in their lives to talk to for support, whether it be a relationships counsellor, a good friend, or adult family members. Remember, it is a huge life change. Separating parents deserve to be supported and children should be unaffected and free of adult worries and concerns.

Sometimes parents who have never lived together use family mediation to work through some issues. There are all kinds of families.

Parents who are focused on raising happy children together need to talk to each other respectfully, sometimes on a daily basis. Raising well-adjusted children requires putting their best interests first. Children need to see their parents talking to each other respectfully. It makes kids feel safe. Agreeing to behave respectfully towards each other can be inserted into the written agreement. Family mediation can help parents who really want to put their kids first. If parents reach agreement during family mediation, they can choose to have their agreement written down and sign it as a parenting plan. Lawyers can assist parents to formulate paperwork for formal consent orders. Preparing consent orders for filing is just so much easier if your lawyers attend the mediation with you.

Issuing Certificates

FDRPs have authority to issue certificates. Certificates may be issued pursuant to the Family Law Act. Sometimes no matter how hard parents try for a workable solution, they may not end up with an agreement after all. The family mediator is authorised to choose whether or not to issue a certificate for a variety of reasons. For example, one reason could be that the mediation was unsuccessful despite the best efforts of the parties. The family mediator may identify the manner in which parents attended and the manner in which they approached the family mediation process and this information is included in a certificate. Where intakes and invitations have taken place but no mediation proceeds, a fee will be incurred for the issue of certificate/s.

Dividing Jointly-owned Relationship Property

Separating usually means that there are jointly owned finances and jointly owned assets that need to be divided. Parents want to make arrangements for the future as each of them builds a new life and a new path into the future as they co-parent from separate households. (Again, separation is not necessary to make an agreement about the division of property of the relationship.)

During family mediation, the parties may agree on how the division of property will look, and this can be written down in an agreement. My expertise can give you access to a style of document which may be attached to an application and filed for consent orders. Lawyer led mediations involve having each person’s solicitor present to facilitate this documentation speedily. I recommend that you obtain legal advice from a qualified lawyer who practices in your jurisdiction (your location), before entering into any agreement to divide jointly owned property. (It is okay to ask for proof of a lawyer’s qualification to practice law before obtaining legal advice.)

FULL AND FRANK DISCLOSURE

By law Disclosure steps must be complied with by parties who engage in family mediation for family property division. Your lawyer will guide you to compile the documentation required for disclosure.  I discuss the disclosure process with both parties equally and separately, prior to their attendance at a family mediation for family property division.

It is not necessary to discuss parenting and property at the same family mediation session. Some people like to keep parenting and property separate; and to have separate mediation sessions on different days to discuss the separate issues. Some separating couples, however, choose to have a full day of family mediation and address the parenting and the property issues to conclude the negotiations.

I  offer family mediation for half-day sessions and for full-day sessions. I also offer services on an hourly basis. It is not necessary to finish your mediation in one day. You can continue to discuss your issues for as many mediation sessions as it takes. Don’t let yourself be persuaded to rush or to litigate if a resolution is just around the corner. Dispute resolution is always less costly and less stressful and easier to work with afterwards, than litigation.

For a short contact call to get more information, please phone, email or send your details via the “contact” page.

Phone 0406 204 847

Email:        hello@sue-ellenwright.com.au

Availability: https://calendly.com/esuewmediation

I acknowledge the Turrbal and Yuggara people as the traditional owners of the land on which I live and from which my work is based.

I offer respects to their elders: past,  present and emerging.

ABN 476 448 252 90