booklet - what is family dispute resolution? · 2015. 9. 12. · microsoft word - booklet - what is...
TRANSCRIPT
-
[Stre
et A
ddre
ss] [C
ity], [S
tate
][Posta
l Code]
What is Family Dispute Resolution?
WHAT IS FAMILY DISPUTE RESOLUTION?
The family law system encourages parents to try and agree on arrangements for their children without having to go to court. Family dispute resolution (FDR) is a practical, less stressful and inexpensive way for separating families to sort out these arrangements with help from a FDR practitioner who can help you discuss issues, look at options and work out how best to reach agreement. FDR can help you to agree on a range of issues relating to property, money, and most importantly – your children. FDR is sometimes referred to as ‘mediation’, and FDR practitioners as ‘mediators’.
MEDIATION
Mediation is a process in which the participants, together with the assistance of a neutral third party go through the issues in dispute in order to come up with options, and to help the participants reach their own agreement. There is no neutral decision maker and the outcome is up to the parties. An important factor in mediation is that participants are both informed and empowered to make appropriate decisions for themselves. This service will also facilitate lawyer-‐assisted mediations and work co-‐operatively with legal, financial and mental health professionals to enable a more holistic and supportive approach.
Elisa Turco Accredited Family Law Mediator
-
Lorem & Ipsum [Insert Date \ Issue]
[DATE]
Important points to note with mediation – Participants are responsible for their own decision-‐making. A
mediator will not make a decision for you nor impose one on you. A mediator is not there to judge you or your position.
Mediators must be neutral and impartial. They cannot take
sides. They can help you to explore family issues in an objective and positive way.
Mediators control the process and clients present the
content. Mediators set the rules about how parties communicate and behave within the process.
Whilst mediation requires open and honest communication,
there is also confidentiality within and outside the process. Mediation focuses on the future, not past events. It is not
counselling or therapy. It concentrates on resolving specific disputes.
Before FDR can commence, an assessment will be made to
see whether FDR is suitable for your situation. When FDR is not working, the FDR practitioner can suggest
other options, such as family counselling.
WHO CAN PROVIDE FDR?
Many professionals provide mediation, they may or may not have an appropriate qualification in mediation. Qualified mediators may or may not be accredited FDR practitioners. Only FDR practitioners accredited by the Attorney-‐General’s Department can issue certificates under the Family Law Act 1975. FDR practitioners are trained in mediation and family law.
IS FDR COMPULSORY?
You can only apply to a family law court for a parenting order when you have a certificate from an accredited FDR practitioner, which states that you have made a genuine effort to resolve your dispute through FDR. The requirement to participate in FDR applies to new applications, and applications seeking changes to an existing parenting order. There are some exceptions to this requirement, your FDR practitioner will ascertain whether you are exempt from the process.
WHO CAN COME WITH ME?
Mediation usually works best when you come alone. You are free to bring a support person to your initial interview, if you feel this will make the process easier for you. Having a support person come to the joint sessions will require the consent of both the mediator and your former partner, and your support person will have to follow some basic guidelines provided by the mediator. Lawyers are welcome to attend mediation at this service, as long as your mediator and the other party agree. Interpreters are also welcome.
WHAT IF MY FORMER PARTNER WON’T COME?
Mediation is a voluntary process. Whilst we will try to engage your former partner to participate we cannot compel them. Either party is free to leave the mediation process at any time.
-
Lorem & Ipsum [Insert Date \ Issue]
DO MY CHILDREN HAVE TO BE INVOLVED?
No, children are not usually part of the process. Only if both parties and the mediator feel it will be beneficial to the process will the children become involved. Involving the children means engaging the services of an accredited Child Inclusive Practitioner, a professional specialising in child psychology and family separation. They will spend time with your child and report back to you and the mediator on how your child is coping with the current situation. They will not require your child to make any decisions, or give an opinion, on what arrangements should be made.
WHAT IS THE PROCESS?
Initial contact: your first contact will be to speak with the mediator to talk about the service, discuss your situation, clarify concerns and make an appointment for your Intake Assessment. Prior to your Intake Assessment you will be sent some forms to complete which will assist your mediator to prepare for your meeting. Intake Assessment: Your mediator will take time to fully understand your relationship, family and the issues you face. They will explain the options open to you to resolve the situation and provide you with further information on the mediation process and explore it’s suitability in your particular circumstance. If your partner does not wish to participate in an Intake Assessment your mediator will issue you a section 60I certificate. Intake Assessments are an hour in duration. Intake Assessment for your former partner: Your former partner will undertake the same assessment process. At the conclusion of both meetings the mediator will make an assessment as to whether, and in what format, the mediation will proceed. If the mediator can facilitate a mediation both parties will be sent a comprehensive information statement as required by the legislation. If your former partner does not wish to attend mediation a section 60I certificate will be issued. Mediation: At the first mediation your mediator will begin by explaining the rules and process of mediation. Your mediator will then assist you to set an agenda of issues to be resolved, help you explore options for settlement, encourage communication and realistic problem solving and produce a parenting plan or financial settlement, if required. Mediation sessions are usually 3 hours in duration. Depending on the complexity of your situation you may require more sessions. Most meditations are resolved in one or two sessions.
ARE THINGS SAID AT FDR CONFIDENTIAL?
Everything you say in front of an FDR practitioner is confidential – except in certain circumstances, such as to prevent a threat to someone's life or health or the commission of a crime. What is said during FDR cannot be used as evidence in court. However, an FDR practitioner must report child abuse or anything that indicates a child is at risk of abuse, and this may be used as evidence in some circumstances.
-
Lorem & Ipsum [Insert Date \ Issue]
WHAT IF I DON’T FEEL SAFE NEAR MY FORMER PARTNER?
Although mediation works best when parties can communicate directly and begin to formulate agreements in a respectful manner, there are some circumstances where it may be beneficial to conduct the mediation separately. In situations of family violence, excessive conflict or emotional angst the mediator may decide to conduct a shuttle mediation. In this process the parties are in separate rooms and the mediator moves between the two, sharing information and attempting to reach agreement. The standard practice at this service is to stagger the arrival and departure times of all parties. This avoids uncomfortable waits in the reception area, calmer departures and lessens the opportunity for conflict or violence. It is important to inform the mediator if you have any concerns regarding contact with your former partner.
IS THE MEDIATION PROCESS A ONE-‐OFF DEAL?
Ideally you and your former partner, through the process, will learn how to effectively co-‐operate in parenting your children into the future. Be aware though that children, and life, are dynamic and arrangements will have to be adapted to meet changing needs. Returning to mediation to sort out new arrangements is always an option, especially when your own private negotiations have become difficult and conflictual. Some people access mediation services regularly in order to make any transitions smooth and peaceable.
HOW LONG WILL THIS PROCESS TAKE?
It depends on the complexity of your situation. Mediation can be concluded in as little as one or two sessions.
WHAT WILL THE PROCESS COST ME?
You will be billed at the hourly rate of $300 plus GST for intake assessments and mediation sessions. The final cost of the process is variable. It comes down to the complexity of your particular situation and both parties willingness to engage fully in the process. Provision of a s 60I certificate costs $150 + GST
WHAT HAPPENS WITH ANY AGREEMENT REACHED?
If you reach agreement on arrangements for your children, this can be recorded as a parenting plan. A parenting plan must be in writing, dated and signed by both parents. Your agreement or parenting plan can include mechanisms to change arrangements and resolve disagreements. Parenting plans can be renegotiated over time, if necessary. Parenting plans are not legally enforceable. If you want to make your final parenting plan or financial agreement legally binding, you can apply to the court to have your agreement made into a consent order. You can do this yourself or ask a lawyer to do it for you.
WHAT IF THE PROCESS DOESN’T WORK?
Even if you can't reach agreement, mediation may help you and your former spouse or partner communicate better. If you try mediation but still need to go to court for a parenting order, you will need a certificate from an accredited FDR practitioner.
FURTHER INFORMATION
For further queries, please do not hesitate to contact Elisa on 0406 362 629.