Family Dispute Resolution is the legal term for Mediation services that help couples affected by separation and divorce to sort out family disputes, more quickly and at a lesser expense than litigation.
Mediation can help you to agree on a range of issues relating to:
- Financial (Property Settlement / Maintenance / Child Support)
- Your children (via a Parenting Plan)
The process involves an accredited Family Dispute Resolution Practitioner (Mediator) meeting with each participant individually, before meeting with participants jointly to assist them reach an agreement tailored to their family’s needs.
Mediation focuses on finding resolution in an informal environment. It is a creative, solution-focused approach in which participants retain control over the outcome.
If an agreement cannot be reached between participants at Mediation, the Mediator may issue a Section 60i Certificate.
The Mediator is neutral and impartial.
The Mediator will help participants to:
- Have a chance to be heard equally and fairly.
- Work out what issues are important to each of them and why.
- Assist them to find areas of agreement and common ground.
- Work with participants to find solutions to the identified issues.
- Assist participants to consider the reality and effect of proposals, enabling them to be as objective as possible in their decision making.
The Mediator does not provide legal advice. Nor do they take sides or impose a resolution.
While every matter is different, typically the process involves the following:
Opening Statements
The Mediator explains the process.
Each participant identifies what they want to talk about.
Agenda
The Mediator will write up an agenda for the Mediation.
Participants will agree on the agenda and the order of discussion.
In a property mediation, this step is missed and instead an asset pool is established from which to base negotiations on.
Exploration
The Mediator will invite participants to each talk to the other about their point of view on each agenda item.
Participants will have the opportunity to explain their position and why it is important to them.
Negotiation
The Mediator will encourage participants to brainstorm ideas addressing the needs of all parties.
Participants will have the opportunity to propose different ideas to resolve the dispute and consider ideas from the other participant.
Agreement
The Mediator will recap any action steps or points of agreement reached.
Participants may make a commitment to do certain things that will lead to resolution of the dispute.
If you want to make your Parenting Plan/Agreement legally binding, you can apply to the Family Court to have your agreement made into a Consent Order. You can do this yourself or instruct a lawyer to do it for you.