Family Law Dispute Mediations

If you and your spouse or de facto partner are separated and you require help to find agreement about your property or your children, then Family Dispute Resolution (‘FDR’) is a practical method to resolve any disputes that you may have with your ex-partner.

Mediation is a completely confidential method for you to practical way for you to reach an agreement without going to court. Mediation is less expensive and more rapid in reaching a resolution of disputes than it is applying for court orders. Because mediation is confidential, anything that the parties say in mediation cannot be used against you in court.

Family Law Mediations.com.au can conduct accredited Family Law Dispute Resolution (‘FDRP’) services by way of conducting mediation of property, or parenting disputes. After you apply for mediation with us, our mediator will ask you to complete a Mediation Intake. During the Mediation Intake our mediator will verify the circumstances of your matter will be appropriate for mediation. The mediator will weigh up any issues, such as whether there is any domestic or family violence. The mediator will also ensure that there are no safety issues, that there is equal bargaining power between the partes. The mediator will consider any risks to children, the parties in the dispute, or the mediator.

The mediator will also consider emotional and psychological health issues of the parties if such issues exist. If our mediator decided that your case is appropriate for mediation, then the mediator will invite you and your partner to attend mediation at a place, time, and date that both parties are able to attend. You can choose whether the mediation is in person or online.

If you are considering Family Mediation; such as Property Mediation or Parenting Plan Mediation then our mediator will discuss with you the process involved in mediation. The mediator will talk to you about a variety of matters that will assist the mediator decide whether your matter is suitable for mediation.

Our mediators will assist you to discuss the issues that are important to both of you. This discussion will also be able to be held in private and one on one with the mediator. The mediator is bound to keep in confidence what you talk to the mediator about, and the mediator will not disclose what was discussed to your partner or anyone else. Our mediator’s role is to help the parties to:

• identify issues
• generate alternate solutions for resolving the issues in dispute and to test whether the possinle solutions are both practical and workable
• focused on the core issues at the heart of the dispute

It is important to remember that anything said during mediation is to be kept confidential. This means that what was said in mediation cannot be used as evidence against you in court. Remember that it is an offence to disclose confidential information obtained during mediation unless an exception applies. What was said in mediation cannot be shared with anyone, except where:

• there is a child at risk of abuse or suffering abuse
• there is serious and imminent threat to life or to the health of any person
• the mediator is assisting an independent children’s lawyer to represent the interests of a child
• you give your consent for the information to be disclosed.

Also, where you do reach an agreement because of the mediation, the agreement will be put in writing. Our mediators will help you to document agreements such as:

• Parenting Plans
• Property Settlement
• Future Provision