Mediation is an alternative dispute resolution process facilitated by a nationally accredited Mediators.

Mediators provide a structured process for clients to outline and discuss issues pertaining to the Parenting Matters and/or division of property.

In essence, you are able to discuss your concerns and brainstorm any potential solutions in a confidential, private forum, where you have control over the outcome and any potential agreements reached.

Any agreements reached will be documented in a Parenting Plan or Heads of Agreement for property/financial matters and can be lodged with the Courts to become legally binding (ask us how).

Mediation assists clients by working through their matter in a future-focused, cost-effective manner.

Our team understands how emotional and confusing it can be dealing with dividing the family assets and arranging their children's needs. It may feel overwhelming under the weight of differing and conflicting advice and the thought of proceeding to court is not your desired outcome.

Seeking the assistance of an impartial and independent FDRP allows former partners to discuss issues which are important to them and their children. This is done in a structured, confidential, safe and supportive manner, where you have control of the content of the discussion, and ultimately the outcome.

The Federal Circuit Court now requires parties to a relationship breakdown (where children are involved) to participate in FDR prior to filing in the Court system, unless there is an exemption.

This requirement demonstrates the confidence the Family Court system has in Alternative Dispute Resolution, and can also refer a matter which has reached Court back to FDR at its discretion.

Apart from the financial benefits of participating in FDR as opposed to lodging a matter in the Court, there are many other benefits.

Often separation and Divorce is an emotionally turbulent time which is exacerbated by the untimely and costly ineffectiveness of Court.

Participating in FDR as a means to resolving your disputes, can mean moving forward with your life much sooner (often within weeks rather than months-years). With costs of FDR being shared between the parties.

If there are children involved, having timely resolution to end parental conflict has been documented as enhancing a child’s ability to bounce back from the separation, rather than prolonged conflict between former partners which can only be detrimental to a child’s emotional wellbeing.

Fees and legal costs afforded to Court proceedings can be dispersed between the former partners instead. It is estimated that in a Court proceeding, parties can expect to pay between $50,000- $100,000 and spend up to 2 years in proceedings or longer.

The additional obligation for a party to pay the other’s legal costs can financially ruin a party to the dispute, when there is an alternative before resorting to this long-drawn-out process.

The mediation process provides a platform for people to discuss their issues in a safe, confidential manner which is facilitated by an impartial mediator.

With that in mind, communication is a complex process, and agreements are not always reached during mediation. Should your matter not reach agreement, our team can assist you to move forward.

Our Mediators are Nationally Accredited and registered through the Attorney General’s office which allows them to issue a Section 60I Certificate to parties. The Section 60I Certificate is now a prerequisite required by the Family Circuit Court/Family Court to be lodged prior to having a matter heard by the Court.

A s60I certificate relates to the result of the FDR and can only be issued by an accredited FDR practitioner. The certificate will state one of the following:

• FDR was not attended because one of the parties refused to attend;

• FDR was not attended because the FDR practitioner did not believe it was appropriate for the parties to attend;

• Both parties attended FDR and made a genuine effort to resolve the issues;

• Both parties attended FDR but one of the parties did not make a genuine effort to resolve the issues; or

• FDR was started but the FDR practitioner did not believe it was appropriate to continue with it.

The court may take into account the type of certificate that has been issued when making an order and when deciding on possible costs awards.

We at Family Focus Mediation have contacts and resources available to help you along the way. We are able to provide referrals to various professionals such as Psychologists, GP’s and community based organisations who may be able to assist you with information and planning. Prior to mediation, it is beneficial to have a full understanding of your position in order to achieve the best outcome possible.

As mentioned above, research has shown that children suffer more significant detrimental effects from the prolonged conflict between former partners (including drawn out legal proceedings), than they do the separation of their parents themselves.

As separation of parents does not always occur at the perfect time for children, the resolution of issues, and reduction in parental conflict/stress has obvious benefits for all involved, especially children.

Having a future- focused mindset and approach provides clarity for former partners to prioritise their children’s needs.

The Federal Circuit and Family Court of Australia legislated under The Family Law Act, 1975 focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights. The Act aims to ensure that children can enjoy a meaningful relationship with each parent and other significant people in their lives when it is safe to do so, along with anything else that relevant for the child and their circumstances.

At Family Focus Mediation Amanda and Eva-Britt have extensive knowledge surrounding the Best Interests of the Child and conduct mediations with a child-focussed approach. This ensures the best interests of each individual child is at the heart of each matter.

Child-inclusive Mediation includes the child/children’s perspective in the mediation. Whilst not involving the child directly in the parents mediation, it aims to provide parents with an accurate account of what the child/children are experiencing at that time (relating to the separation/divorce), and what they may be hoping for in the future.

At Family Focus Mediation we are pleased to offer Child-Inclusive Mediation. The process involves a trained practitioner meeting with your school-aged child and engaging in play-based discussion.

The session is not therapy for the child, although it has been noted as providing therapeutic benefits. At no time is the child asked who they would like to live with etc, but interactions provide an accurate account of how the experience is affecting them. Valuable information is then brought to the mediation session for parents to hear from the Therapist.

This information can assist parents making decisions to about their children, to understand how the current situation is affecting them. Please discuss with your mediator if you feel this may be beneficial to your mediation process. Children must be at least school -aged, and both parents must sign consent for this process to go ahead.

Mediation can facilitated via two different platforms. Face to face or via Zoom/Teams allowing each party to actively participate in the mediation, whether or not they wish to be in the same room.

Face to face mediation can be delivered at your Lawyers office (with their consent and by arrangement), or through the use of a rented premises (usually a conference room). Each participant is charged half the room hire fee.

Being able to offer online Mediation is a cost and time effective process, which incurs no cost to the client for room hire.

We can facilitate joint mediations where clients are happy to discuss matters between the parties with a mediator present or alternatively, we have found from experience that many clients feel more comfortable not being in the same room, allowing them to communicate more freely in a shuttle mediation.

Online platforms also allow for mediation to take place without any personal contact between former spouses through the use of break out rooms.

It is always advisable to have legal advice when dealing with a legal matter such as separation/divorce/division of assets and finances prior to the mediation day.

In child and parenting matters we will always recommend having legal advice so you understand what the expectation of any mediation may look like, and what to expect. Whilst having your Lawyer at the mediation is not necessary, it is beneficial to have them on hand eg- phone availability if you have questions.

With property and financial matters, it is imperative that you first obtain legal advice (and often financial advice), so that you are aware of what reasonable and fair division percentages look like, and what you can reasonably expect as an outcome.

As with parenting matters, Lawyers are unable to speak during the mediation process, but are able to confer with you during breaks/private sessions. It is then useful to have access to your Lawyer/Financial Adviser etc, on the day.

A Mediator may insist you obtain financial advice/legal advice prior to agreeing to facilitating any mediation, and may refuse to commence/continue the process without such advice.

Process with lawyers

If one party or both parties have legal representatives, then your lawyers will be familiar with the process for mediation, they can make the arrangements by contacting our office for available dates that suit all parties and the mediators.  

Once the mediation has been booked, arrangements will be made for you to attend an Intake & Assessment appointment, either by telephone or zoom. 

Process without lawyers

We recognise that sometimes parties make the decision to attend mediation without legal representation due to costs.  In those circumstances we can still assist parties in mediation and how most of our mediations are resolved.

When you are thinking about mediation there is often two possible scenarios.  

Both parties have agreed to engage in mediation as the preferred option to resolve their matter.  We would suggest that you call our office to make the arrangements, or alternatively send a joint email to our team and we will contact you.

Often, we are contacted by one client who is ready to proceed, and the other is either not ready or not aware that mediation is an option. After you have contacted us and your matter is noted as suitable for mediation, we can contact the other party and invite them to attend. If the other party agrees then we will arrange for the process to commence mediation.