Children’s Family Dispute Resolution
This is a term that we use to describe services that are tailored to help families involved in disputes about children/parenting arrangements and property settlement. It is aimed at reaching an agreement without proceeding to any type of court or litigation and involves several hours of discussion and mediation with an accredited facilitator. The Family Mediation Hub always encourages settlement particularly where children are involved and does not condone or support any type of violence or aggression.
Mediation is an opportunity for the parties to sit down for up to 3 hours duration and discuss the issue in dispute in the presence of a mediator who is nationally accredited and authorised by the Attorney General’s Department to issue a certificate under the Family Law Act.
If you feel that you may be intimidated or worried about mediating in the presence of the other party, we can discuss this with you during our intake assessment. If you would still like to proceed to mediate, there are options available including a shuttle mediation whereby you would not be required to sit in the same room as the other party. We can discuss this with you at the initial intake during our phone call with you.
WHO IS MEDIATION FOR?
Separated Couples
Grandparents wanting to see grandchildren
Same sex de facto relationships
WHAT CAN MEDIATION HELP WITH?
Work out arrangements to see the children
Arrangements in relation to other children’s matters such as issue of passports, change of school
To alter arrangements to see the children as things change or update after separation
Arrangements for finances after separation including settlement arrangements for sale of property or transfer of property
Arrangements for any other property matter after the break down of a relationship
Arrangements for child support or other ongoing financial support
Benefits of Mediation
The benefits of mediation are many but the main benefit is that it does prevent the need for any type of costly litigation and gives the parties an opportunity to discuss their issues in the presence of the trained mediator in the hope to reach an agreement without resorting to legal expenses.
Many parties see lawyers and get advice before they attend mediation. Some parties prefer to have lawyers present at the mediation which is acceptable. In a vast majority of cases, parties simply attend the mediation themselves with the mediator present and then have any agreement reached able to be discussed with their lawyer following the mediation if they are concerned.
CLIENT STORIES
We Are Recognised
Our centres provide specialist family dispute resolution services by practitioners that are nationally accredited by the Attorney General’s Department and are therefore able to issue a S60I certificate in family law matters.
Children’s Family Dispute Resolution
These sessions are to focus on children’s matters only. The parties are present with the mediator. We provide up to three hours of mediation.
We offer a S60I certificate after completion of the mediation.
Property Mediation Services
The second option available involves the parties, the mediator and the parties bringing their lawyers for up to 3 hours mediation. These usually discuss financial as well as parenting arrangements.
Satisfied Clients
OUR PROCESS
Step 1
Have a FREE 15min chat to find out if your matter qualifies for mediation
Step 1
Complete booking form to start the process
Step 3
Deposit Paid
Step 4
Both parties complete a questionnaire
Step 5
Final payment required 48 hours prior to mediation
Step 6
Mediation takes place – it can occur via telephone, Zoom link up, face to face or via shuttle mediation. A shuttle mediation is one where the parties do not sit in the same room but the mediator is at the same location and goes from room to room or from telephone to telephone so the parties are never directly interacting with each other.
Step 7
After mediation if an agreement is reached, the mediator will confirm the agreement with the parties. They are then open to approach a solicitor to have this drawn up legally or the parties can simply continue along with the agreement that they have reached at mediation.
FREQUENTLY ASKED QUESTIONS
Do I have to mediate?
Mediation is not currently compulsory for any separated couples other than those attempting to negotiate parenting arrangements and only in certain circumstances. We suggest that you contact The Family Mediation Hub for a confidential free 15 minute chat to determine if your matter is eligible. Certainly there is no requirement for both parties to currently attend, however, it is highly recommended as it is a very cost effective way to mediate an agreement without proceeding to legal fees or litigation.
What if the other party doesn’t agree?
As we have indicated you cannot make the other party agree but it is certainly worthwhile to take those initial steps even if you think they may refuse to explore the option of mediation in the first instance as it is a very cost effective way to try and get an agreement and there is only an initial admin fee charged rather than a full fee in the event the other party does not participate.
Do I have to be in the same room?
No, we can complete a shuttle mediation. A shuttle mediation is one where the parties do not sit in the same room but the mediator is at the same location and goes from room to room or from telephone to telephone so the parties are never directly interacting with each other.
Can I make the other party pay half?
Generally speaking, both parties should equally meet the cost of mediation. However, in many situations if one party wants to mediate and the other is reluctant because of funding particularly where they are not working or were the stay at home parent, then one party sometimes does meet the full cost. This is a matter between the parties themselves and generally the requirement is that each would pay half.
What happens after we reach an agreement at mediation?
Many people leave the mediation just with their own agreement that can be reduced to writing if necessary. If the parties leave with a property agreement, we always suggest that you then consult a lawyer to have this agreement drawn up legally. This is a far cheaper option to have it drawn up after you have reached the agreement rather than have a lawyer negotiate on your behalf. Please contact The Family Mediation Hub if you have any further questions about what options are available after mediation. We note mediators are trained in mediation. They do not give legal advice but they can certainly assist you to reach an agreement.
What if we leave mediation and the other party doesn’t agree or then changes their mind?
As in many situations in family law issues, sometimes the parties reach a full and final agreement at mediation and the other party then changes their mind. It would then be recommended that if mediation is not appropriate for a second instance then consult legal representatives to talk about your options in the legal process outside of the mediation arena. Obviously, to attempt mediation first is always the best outcome rather than jumping straight to expensive legal fees.
Is There a Charge for the Rental of the Mediation Room?
We have centres available at Richmond in the Hawkesbury area or Parramatta in Western Sydney and we do not charge a fee for the use of our centres. If you do wish to mediate at other areas or locations throughout Sydney, there will be a small fee for the use of the room if appropriate and this can be discussed with you at the time of the booking.
Do I need a lawyer to meditate?
The short answer is no. Both parties can mediate with or without a lawyer present. If parties agree to mediate without lawyers, we do recommend they obtain legal advice as to their rights and entitlements before mediation. However, this is not compulsory.