What Is Mediation?
Mediation is the process of you and your former partner talking in the presence of an independent professional. It assumes that your relationship has completely broken down and that you both wish to sort out any issues regarding your children, property or finances. Mediation is not marriage guidance or counselling.
The role of a mediator is to help you and your former partner discuss your issues, consider options and work out agreements that suit both of you. They are not attached to any one person involved.
Recent changes to the Family Law Act has resulted in a change in what was once called 'family and child mediation' to 'family dispute resolution'.
To read more about
Family Dispute Resolution click here.
Why Choose Mediation?
Mediation can help separated and divorced parents to reach an agreement on future arrangements regarding children, financial matters and property settlement.
Mediation has many advantages including:
- it's quicker and easier than going to court
- Saves you money on legal fees
- Confidentiality
- Agreements are practical and workable as you have created them together
- Promotes open communication and co-operation: essential when co-parenting
- Mediation is non-adversarial, you're encouraged to work together in the best interests of the family
- Less stressful than going to court
To find a mediator in your area click here.
Is Mediation or Family Dispute Resolution Compulsory?
Family dispute resolution (formerly referred to as 'child and family mediation' is only compulsory if you can't agree on arrangements for your children. If this is your situation then you can apply to the courts to define your parenting orders.
Recent changes to Australia's family law system in 2006 mean that anybody wanting to apply to the court for a parenting order (where they have not previously applied before 1st july 2007) must participate in family dispute resolution and obtain a certificate confirming that an attempt to resolve the family dispute was made outside of the court.
From the 1st July 2008, all applications to the court for parenting orders will be required to first attempt to resolve the family dispute through a registered family dispute resolution provider. This will include applications seeking changes to an existing parenting order.
There are some exceptions to this requirement, such as cases involving family violence or child abuse.
How Does Mediation Work?
The structured process of mediation should provide you with a safe and supportive environment for you to resolve any conflict or disputes between you and your former partner.
A good mediator will:
- Help you to find a way to talk openly and honestly
- Allow everyone an equal say
- Assist you to identify and resolve issues
- Encourage the best solution for the entire family
- Record decisions and agreements in writing.
To find a mediator in your area click here.
What is Counselling?
Counselling is a collobrative process that many couples choose to do when they are considering seperation or are having difficulties coping with seperation. Counsellors can also help you to work through issues you may have in relation to your parenting arrangements.
Unlike a mediator a counsellor can act as a facilitator in also helping you and your former partner to understand your feelings, behaviours, relationships with others, situations, choices and decisions. You can choose to see a counsellor separately or together. All discussions are private and confidential.
To find a mediator in your area click here.
Advantages of Counselling
Counselling has many great benefits including:
- Greater clarity and perspective on issues
- Emotional support
- Assistance in making decisions
- Help with working through neagtive feelings and emotions
- Learning new skills
- it's quicker and easier than going to court
- Saves you money on legal fees
What Is Conciliation?
Conciliation is similar to mediation in that you and your former partner would meet with a conciliator to identify issues, develop options and work towards a mutually acceptable agreement.
However unlike a mediator a conciliator:
- May provide advice on the dispute/issues
- May be someone with specialist knowledge
- May make suggestions about possible agreements.
If you apply to the court for a property settlement (i.e. because you can't come to an agreement), you usually have to go to a conciliation conference before any final hearing. The aim of conciliation is for you and your former partner to reach a property agreement without going to court.
If you're able to reach an agreement you can then apply to the court to turn it into Consent Orders.
What Is Arbitration?
Arbitration is another type of dispute resolution. Arbitration is only used for property disputes.
At arbitration, an independent third party (arbitrator) considers the arguments and evidence presented by each person and then makes a decision. This decision is legally enforceable.
Advantages of arbitration:
- Rules and procedures are less formal than in a court
- Both parties must agree to obey the decision given
- Can be cheaper, quicker and less stressful than going to court.
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