Parenting mediations conducted by a Family Dispute Resolution Practitioner occur following a relationship breakdown. Discussions during the mediation process will focus on your children and how you will co-parent your children.

The importance of effective family dispute resolution about your children cannot be understated. Children are precious and Nicole understands how important they are to you.

The parties involved in the mediation process will discuss issues or concerns in dispute and plan and make decisions about the future of their children. The topics of discussion can be from anything from how the children will be raised to what curricular activities the children will partake in. To assist you in your preparation for mediation, Nicole has provided a “Parenting Prompt Sheet” which has a list of potential topics and suggestions that are common discuss points.

The court systems are horribly expensive, notoriously slow and ultimately result in a court room determining what they consider best for the people in dispute and their families.

Mediation allows people in dispute to resolve matters in a way that works best for them in their own unique circumstances. Matters can be resolved in a matter of days or weeks at a fraction of the cost of going to court.

Importantly, you are in the drivers seat of what happens, not the court. You can make arrangements with your co-parent about what works best for you and your family, in your own unique circumstances.

Effective mediation is empowering and can assist in repairing relationships and communication breakdowns.

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A study conducted by Ahrons in 2007 found no single factor impacted more on a child’s self reports of wellbeing after their parents separated than the continuing relationship between their parents.

When parents co-operate:

• Children reported better relationships with their parents, grandparents, step-parents and siblings.
• Children performed better academically, are behaviorally better-adjusted and have lower levels of mental health issues.

Disputes happen, that doesn’t mean they have to last forever. Take control of your conflict so you can get back to what is most important to you.

Confidential, Voluntary and essential

There are significant benefits to mediation. Some lesser-known benefits about the family mediation process is that:

• Participation in the process is entirely voluntary. You are not forced to talk about anything that you do not wish to. With that said, every person involved in the process is encouraged to be open, honest and kind. This allows each person to be heard in a safe space.
• Everything that is said in the mediation is confidential. Subject to some exceptions (such as harm to a child), everything discussed during mediation will remain in the mediation and cannot be repeated outside of the mediation process.
• What is said and done during the mediation is inadmissible. That means that the process cannot be used against you in the courts should the matter proceed to litigation following mediation.
• Additionally, if it becomes apparent during or prior to the mediation that you require further professional consultation, such as counselling, a Family Dispute Resolution Practitioner is able to provide a referral to professional consultation services. Those services are then covered by the rules of inadmissibility meaning that those professional consultations are not admissible in court.

It is important to note that if an agreement is reached and an agreement is signed and dated, the contents of the agreement is not confidential unless specified in the agreement itself. The agreement itself may be used in court as evidence if the matter ends up in court at a later date. If you have any concerns about admissibility and confidentiality about an agreement, it may be worth checking with your legal team if you are considering formal agreements. For more information about agreements, click here.

Family Dispute Resolution in parenting matters can be conducted, where appropriate through:

• Child Focused Mediations; or
• Child Inclusive Mediations.

Child Informed Practice is “finding the child’s voice in the presence of the child”, and Child Focused Mediation as “finding the child’s voice in the absence of the child” (Jennifer McIntosh)

Child focused mediations

Child focused Family Dispute Resolution is a process of facilitated dispute resolution focused on finding the child’s voice in the absence of the child. Child focused FDR involves informed facilitation to assist parents to find their own child oriented and child sensitive solutions to the parental disagreements between them.

Parents are encouraged to consider the individual needs of each of their children and to maintain a “parent mind” during the mediation process.

Most parents love their children and want to act in their best interests. It is understandable that parents may be experiencing their own inter-personal pain such as anger, hurt and other emotions.

Using the child focused approach, parents are encouraged to be the experts of each of their own children and their own unique needs. It is the role of the mediator to create the space so the children’s own unique personalities can be brought to the forefront of the discussions.

You know your child better than anyone. You are empowered to make decisions that you consider in the best interests of your child or children.

Child inclusive mediations

Child Inclusive Practice is mediation between separated parents which is informed by the input of the child or children involved.

Child inclusive practice is distinguished from child focused practice by two factors (L Moloney Jennifer McIntosh)

• The presence of the voice of the child through a session with a child consultant.
• The interpretation of the information being then provided to parents in the mediation session by the child consultant.

The aim of child inclusive practice is to have a positive and ongoing effect both individually and for the family reorganisation following separation.

The child inclusive model boasts many benefits but also has inherent dangers and is thus not suitable for all families. The child inclusive model may be appropriate when:

• The child is over the age of five years old and can participate in the session in a meaningful way.
• Both parents indicate a shared interest in knowing their child’s experience of the separation.
• Both parents demonstrate a genuine willingness to hear, understand and act on the child’s perspective and feedback.
• Both parents understand the importance of providing their child an opportunity to express their emotions about the separation without being questioned after the session.

If the matter has been determined as one for which a child informed process may be appropriate, the process around this will occur between intake and mediation, in consultation with an independent child consultant who will conduct interviews with the parents and, if suitable, the children.

If you would like to learn more about child inclusive practice and child focused practice, please contact Nicole or view Nicole’s Blog.

Section 60i Certificates

Only registered FDRPs can issue section 60I certificates.  A s60I certificate allows people to file an application in Court seeking Orders to resolve their family law disputes.

The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through FDR. At present, the court considers that 85-90% of matters can be resolved through Family Dispute Resolution Practice.

If a matter cannot be resolved through Family Dispute Resolution Practice, an FDRP can provide a s60I certificate. A certificate may be provided for any of the following reasons:

• FDR has failed due to non-attendance; or
• FDR was not appropriate; or
• the parties made a genuine effort but couldn’t agree to the matters in dispute and require a court to resolve the issues; or
• a non-genuine effort was made by one or more people involved in the dispute.

For more information, the Attorney-General’s Department has a helpful fact sheet, click here to view.