The breakdown of a relationship is a stressful and very emotional time for all involved.
It requires careful consideration of often difficult issues, whether it be parenting arrangements for the children, or a dispute over a particular issue such as schooling. It may be sorting out property and financial matters or negotiating a child support agreement for example. It is a time of transition, and this can be dealt with in a more co operative manner through mediation.
The format:
The process can be conducted either face to face, by shuttle in separate rooms or by telephone link up. On occasion it is helpful to have a co-chair assisting the mediation. Russell uses different processes depending on the dispute and the needs of the parties. These can include facilitative mediation, evaluative mediation, negotiation, arbitration and a restorative approach or a combination of these.
It is a process in which I assist the parties in keeping the communication open, generating options and alternatives to achieve a co operative agreement; AND gives you as the party much input into what you would like to see happen.
The aim is to reach an agreed outcome that is fair and workable to both parties (and the children if it is a dispute about them) in moving forward.
Is family mediation compulsory?
In parenting matters an attempt to resolve issues is required for people who have separated and are in dispute about parenting or financial matters. There are some exceptions and these include:
- When a matter is urgent
- Where there is or has been family abuse or violence
- If you are responding to a court application
- In an application for consent orders (where both parties agree)
- In a situation where a party is unable to participate because of incapacity
Issuing s601 certificates:
Under the Family Law Act if a parenting matter is not settled Russell may issue a family dispute resolution certificate which indicates whether both parties made a genuine effort in attempting to settle the dispute. This document is then used later if court proceedings are initiated.