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Step 1: Intake

A Family Dispute Regulation Practitioner must assess a party’s suitability for Family Dispute Resolution.

The obligations are set out in Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth).

During the intake session, working with you, we will determine whether Family Dispute Resolution (or mediation for non-family related matters) is appropriate in the circumstances. This will include consideration to whether the ability of any party to negotiate freely in the dispute is impacted by any of the following:

• a history of family violence (if any) among the parties;
• the likely safety of the parties;
• the equity of bargaining power between the parties involved;
• the risk (if any) that a child may suffer abuse;
• the emotional, pscyhological and physical health of the parties; and
• any other matters considered relevant by the mediator relevant to the proposed mediation.

What will we cover in intake?

1. Your ability to mediate;
2. We will explore the issues in dispute;
3. Your motivation to resolve their dispute; and I will provide you with
4. All the information you need to be fully informed and prepared.

If we determine that Family Dispute Resolution is not appropriate in the circumstances, the service will not be provided and we will discuss the potential next steps forward, including whether a section 60i certificate is appropriate (for more information about section 60i certificates, click here).

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Step 2: Mediation

What are the ways mediation can be conducted?

We will make arrangements for the mediation together. There are various ways the mediation can be conducted, including:

• face-to-face mediation;
• online mediation (remote);
• shuttle mediation; and
• co-mediation; or
• a combination of methods.

During the intake, the mediator, along with the parties, will generally make an assessment of which method (or combination) to use. We may also adapt the process or change methods if necessary during the mediation.

What is a facilitative mediation?

During the mediation, we will follow the facilitative model approach.

In a facilitative mediation model, the role of the mediator is to focus the parties on their interests and facilitate and encourage discussion between the parties. The mediator assists the parties to identify common interests and possible options in their unique circumstances. A mediator cannot be directive in the development of the parties’ potential options.

For more information about the facilitative model, watch the video by clicking this link.

What do the steps include?

1. Introduction and mediator’s opening statement.
2. Parties’ statements (including concerns and issue identification).
3. Common ground, agenda setting and prioritisation.
4. Exploration of each agenda item, including underlying concerns, interests and needs to lead onto identification of options/obstacles.
5. Option development on each agenda item.
6. Private (seperate) sessions.
7. Negotiations; parties refine options into possible solutions.
8. Agreements that are reflective of parties’ language and intention. If no agreement reached, appropriate termination is conducted.

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Step 3: Agreement Reached

At the end of the mediation, if an agreement is reached, the mediator will work with you to finalise any agreements and documents where and as necessary.

It is important that the parties are taking ownership of the outcome as the agreements or arrangements reached will be entirely unique to the circumstances of the matter at hand.

What are the types of agreements?

The types of formal agreements that parties may make in family law mediation include:

• Parenting Plans are non-legally binding written agreements. They include the care of any children involved and are made in the best interest of the child for more information about the best interests of the child/ren, click here). Parenting Plans must be in writing, dated and signed by both parents.

• Consent orders are binding legal documents that include details about the care of the child. Once the agreement is formalised, it must be filed with an application in court and reviewed by the courts. This process usually involves legal advice and assistance.

• Financial agreements are legally binding agreements about the division of assets, including money, property and superannuation, following separation. If necessary, they may also cover issues such as maintenance and child support. These agreements may also be formalised as consent orders with the help of legal assistance. To be binding, each party needs to have received independent financial and legal advice about the agreement.

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