So what can I offer you and your partner? What I am proposing is not a new way of resolving family issues but a different approach to the traditional lawyer methods. Family Mediation is not counselling and is not it is not suitable for all disputes and the process may not suit everybody. Mediation in general terms is offered by a number of persons and organisations ranging from government Relationship Centres, private mediators, psychologists, social workers and lawyers.
So what is different about the Family Mediation process I can offer? To start with:
· You both don't need to engage a lawyer to act for you but you should get some intial legal advice before embarking on family mediation,
· The mediator doesn't act on behalf of either of you but is genuinely interested and helping you both reach an agreement. I can offer education to both of you about what the Family Law Act says about children's issues and property issues. Other mediators don't have that advantage.
· I can provide advice and direction on how to document your agreement. The process can be as flexible as you want to make it.
· You can try and resolve your issues in one meeting, over several meetings and in a time frame that suits both of you. You don't have to fit in with lawyer schedules nor court schedules.
So what is different about the Family Mediation process I can offer?
Even though you both don't need to engage a lawyer to act for you, you should get some initial legal advice before embarking on family mediation, particularly for property matters no matter who you choose as a mediator. You need to be informed of your rights and obligations under the Family Law Act so you can make informed decisions later.
The first stage of my family mediation process is one of education. I will inform both of you in separate information sessions, of the provisions of the Family Law Act which apply to your particular matter. I will not, however, give you advice on how your particular circumstances would be addressed by a Court which was called upon to make a decision and apply the provisions of the Act. In children’s matters I will give you prescribed information as well as provide you with information about family dispute resolution under the Family Law Act.
At the conclusion of the education session I will then seek to assess your particular circumstances, in particular whether your matter is suitable for mediation and give you further information about the process itself.
Arrangements will then be made for the mediation which will normally take place at our Springwood office or other agreed location. In cases of remoteness or where there are reasons for doing so the mediation can be conducted by telephone or other means of communication (eg Skype).
The mediation session itself will take the following general format –The mediator explains the process and the ground rules of the mediation.
- Each party provides their statement of the issues of importance to them and they are provided with an opportunity to provide their point of view.
- An agenda will be created - a list of issues which will be the subject of the mediation. That is, what needs to be resolved.
- Discussions will then take place in the same room and at times in separate rooms with a view to developing options and solutions to the list of issues in the agenda.
- A written agreement can be signed at the conclusion of the mediation.
Want to Find out More
Contact me at my office (Family Lawyers & Mediation Services) to arrange an appointment where the process will be explained to you and you can make up your own mind. A half hour appointment will only cost you $110 inclusive of GST. If you decide to take the process further I can get it underway there and then.