In Family Law, the terms Family Dispute Resolution and Mediation are used interchangeably.
Subject to some exceptions, an application to a Court for parenting orders cannot be made without a party first obtaining a certificate from a mediator saying that mediation has been attempted. If there is a dispute, mediation gives you and your former partner/ spouse the chance to raise the things important to you in your own words, rather through the ‘filter’ of lawyers.
Mediation / Family dispute resolution is a process:
- In which a family dispute resolution practitioner (“Mediator”) helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other;
- The mediator is independent of all of the parties involved in the process;
- Usually means a meeting, or meetings, with the parties, the mediator and possibly lawyers, and
- Can take place in person, in separate rooms, or by telephone.
Role of the Mediator
The role of the Mediator is to assist the parties with a view to reach an agreement. It is not the role of the Mediator to give legal advice. The Mediator’s role also includes ensuring:
- The process is fair and civil;
- That everyone has a chance to be heard;
- The issues in dispute are identified and,
- Options are explored.
There are a whole variety of ways we can help you, including:
- Attending mediation with you (except through a family relationships centre);
- Providing advice about process and outcomes before and after a mediation, and
- Developing potential solutions for use in a mediation process.
If you’d like to participate in mediation with your former partner/spouse, or are interested in obtain advice, contact us.