Fri, 23 Jun 2017 12:20:07 +1000WeeblyWed, 23 Oct 2013 06:15:24 GMThttp://www.brisbanemediator.com.au/topics/property-settlements-during-family-mediationFamily law mediation works towards achieving agreements relating to parents' property and financial matters, including how to divide their assets and liabilities, as well as how to provide financial support to children.

Such matters can be discussed during family mediation, and any agreements that are reached are then reduced to writing.

In order to be legally enforceable, parents must seek independent legal advice from a solicitor, who then certifies that they have provided such advice. By applying to the Family Court, the parents will then enter into a Binding Financial Agreement, as defined in the Family Law Act 1975 (Cth).]]>Mon, 23 Sep 2013 04:46:32 GMThttp://www.brisbanemediator.com.au/topics/agreements-about-parenting-in-family-mediationThe ultimate goal of family mediation is to arrive at agreements between parents in relation to their children, of which there are three different types:

PARENTING AGREEMENT:

• About children's care arrangements, decision-making processes and other specific issues
• Neither signed nor dated by the parents
• Not legally enforceable

PARENTING PLAN:

• About children's care arrangements, decision-making processes and other specific issues
• Signed and dated by each parent
• Not legally enforceable, but somewhat influential to a Family Court judge later making Parenting Orders

CONSENT ORDERS:

• About children's care arrangements, decision-making processes and other specific issues
• Must be in a specific format as part of an application to the Family Court
• Stamped by the Family Court and therefore enforceable

]]>Sun, 08 Sep 2013 14:16:34 GMThttp://www.brisbanemediator.com.au/topics/franois-as-your-family-mediatorAs a family law mediator in Brisbane, François is an impartial third party who facilitates the discussion of issues in dispute between parents, by assisting them in understanding each other’s underlying concerns and values.

He assists with the generation of options to each of the issues, guiding parents towards settlement in a positive and constructive environment.

However, it is important to note that François cannot, as an unbiased mediator, offer individual legal advice to parents, nor provide representation to either parent, during or after the mediation. It is essential, before any mediation session begins, that parents seek independent legal advice from a family law solicitor with a current practising certificate.

François is authorised by the Department of the Federal Attorney-General to issue section 60I cerfiticates, which are required before an application for parenting orders can be heard by the Family Court of Australia.

He is a nationally accredited mediator under the Bar Association of Queensland, the Queensland Law Society, the Australian Mediation Association, and The University of Queensland, as well as a Family Dispute Resolution Practitioner registered with the Department of the Federal Attorney-General, pursuant to the Family Law Act 1975 (Cth). He has a Master of Laws (Litigation & Dispute Resolution), specialising in mediation, from The University of Queensland.
]]>Thu, 05 Sep 2013 01:58:56 GMThttp://www.brisbanemediator.com.au/topics/how-to-choose-the-right-mediator-for-youIn choosing the right family mediator for you and your particular circumstances, consider the following:

• The mediator’s mediation experience, especially in family law matters that are similar to those that you are seeking to resolve, including children's care arrangements, child support, property matters and relocation
• The mediator’s family law expertise
• The mediator’s mediation training and credentials, especially in family law
• The mediator’s education and professional background, for assisting in the generation of options to the issues important to you
• The mediator’s reputation for professionalism, neutrality and competency
• The mediator's location, in an area near you

François' family law mediation experience:

• He has conducted more than 500 family law mediations in parenting matters, children's care arrangements, property settlements and relocation matters, within Queensland, interstate and internationally
• He has conducted child-inclusive mediations, where a child psychologist provides feedback during the mediation to the parties, after having spent time with the children to determine how they are coping with the separation and current parenting arrangements

François' family mediation certifications and qualifications:

• He is registered as a Family Dispute Resolution Practitioner with the Department of the Federal Attorney-General, pursuant to the Family Law Act 1975 (Cth)
  

• He is a nationally accredited mediator under the Queensland Law Society, the Bar Association of Queensland, the Australian Mediation Association, the Queensland Law Society and The University of Queensland
• He has a Master of Laws (Litigation & Dispute Resolution), with a specialisation in mediation, from The University of Queensland

François' flexibility in the process of family mediation:

• He provides face-to-face mediation, lawyer-assisted mediation, shuttle mediation where the parents are in two different rooms, and online mediation via Skype over the internet on a secure platform, especially useful for interstate and international parties
  
• He conducts mediations in Brisbane's CBD, Eight Mile Plains, Milton, and Varsity Lakes on the Gold Coast
• He is experienced in conducting interstate mediations and international mediations

François' professionalism, understanding and courtesy:

• He is aware of what separated and divorced parents are enduring
  
• He provides a mediation process that places parents most at ease
• He ensures that any power imbalances between parents do not affect the mediation process or influence its outcome

François' skill as a Barrister in writing agreements with precision:

• He provides written agreements that are detailed and precise
• He writes mediation agreements in the same manner as Draft Consent Orders, thereby saving parents the legal costs of having to convert informal mediation agreements into Draft Consent Orders

]]>Thu, 05 Sep 2013 01:49:58 GMThttp://www.brisbanemediator.com.au/topics/preparing-for-family-mediationParents often ask, "How should I prepare for my family mediation?

In preparing for your mediation, it is important to consider the following:
FOR CHILDREN'S MATTERS:

• Identify the issues that need to be discussed and resolved at mediation
• Consider the underlying needs and concerns that you have in relation to each issue
• Seek independent legal advice about the likely outcome if decided in court
• Think about numerous ways of resolving each issue
• Seek independent advice from a child psychologist concerning guidelines for appropriate care arrangements for children according to their ages and developmental stages

FOR PROPERTY MATTERS:

• Identify all of your assets and liabilities, including debt
• Ascertain the precise values for each of those assets and liabilities
• Seek independent legal advice about the likely outcome if decided in court in terms of percentage division of all assets and liabilities

Although the above serves as a guideline, it is also important not to over-think things before the mediation session. Releasing yourself of any preconceived ideas of how you expect the mediation to go is an important step towards attending the mediation session with an open mind.
]]>Fri, 30 Aug 2013 01:44:56 GMThttp://www.brisbanemediator.com.au/topics/family-mediation-when-it-is-appropriateAs a process, family mediation is appropriate for parents who are on good terms with each other, as well as for those in conflict. Where there are imbalances of power between parents, it is the role of the mediator as an impartial third person to level the playing field throughout the mediation, by ensuring that each parent effectively communicates his or her interests and concerns. As an additional measure, the mediation can be conducted via Shuttle Mediation, namely from two separate rooms.

However, family law mediation is not appropriate for every case in family law. As an alternative dispute resolution process, it may not be appropriate where legal issues need to be determined in court, where a document needs to be interpreted by a judge, or where an urgent injunction is required. Further, mediation may not be appropriate where a history of intimidation and domestic violence between parents exists, or where a power imbalance prevents one parent from effectively participating during the mediation.
]]>Fri, 30 Aug 2013 01:12:53 GMThttp://www.brisbanemediator.com.au/topics/the-benefits-of-family-mediationFamily law mediation is faster than going to court, because mediation is organised according to the availability of the parents, rather than according to the particular time-frames of the court, which can be as long as 12 months into the future.

Mediation is much cheaper than going to court, since mediation avoids the expensive costs of barristers, solicitors, filing fees, court fees, and witness expenses.

Mediation is also a confidential process but for the exceptions, as previously discussed. It is a process that allows the parents to avoid newspaper reports, court reports and transcription, all of which is a significant advantage for parents who have public profiles.

In addition, family mediation allows the parents to maintain a working co-parental relationship due to the positive and constructive environment that mediation offers, in contrast to the adversarial nature of the court process.

During family mediation, the parents make the decisions relating to their children and property - not the judge, the parents' lawyers or anyone else. This means that family mediation is empowering for the parents.

Finally, mediation is an informal process, as it is a process that does not have the formal protocol or procedures that courts have, thereby making it simpler for the parents.
]]>Thu, 22 Aug 2013 04:31:16 GMThttp://www.brisbanemediator.com.au/topics/family-law-mediation-a-confidential-processFamily law mediation is a confidential process, since anything that is discussed during the mediation session will not be repeated outside of the mediation session. Significant to the process is that the mediator is an unbiased and independent third person who holds no vested interest in the outcome of the mediation. Therefore, the mediator is generally bound not to reveal what parents have said in mediation; however, there are exceptions, such as:

• Where an existing law requires the mediator to report particular information, such as child abuse
  
• Where the mediator believes that it is necessary to reveal the information so as to prevent serious bodily injury or death to someone

But for these exceptions, family mediation exists as a confidential process, as distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.
]]>Mon, 19 Aug 2013 04:17:10 GMThttp://www.brisbanemediator.com.au/topics/the-mediators-role-in-family-mediationDuring family mediation, the mediator will:

• keep the best interests of the children as the paramount consideration
• help the parents to identify the issues you wish to discuss
• help the parents to remain focused on the issues
• manage the mediation process, so that those issues may be discussed
  
• help the parents to identify options as potential solutions to issues
• challenge each parent and reality test the reasoning behind discussions
• draft agreements in writing

The mediator will not:

• make decisions for the parents
• tell the parents what to do
• take sides with either parent
• provide legal advice to the parents

It is important to obtain legal advice in relation to attending family mediation. Parents may do this before, during and after the mediation process.  It is recommended, as a minimum, that legal advice be obtained prior to the mediation.
]]>Thu, 15 Aug 2013 04:38:24 GMThttp://www.brisbanemediator.com.au/topics/family-law-mediation-a-definitionMediation is an alternative dispute resolution process that is less formal than going to court. Mediation allows motivated parents to resolve issues about which they disagree, by the mediator facilitating agreements that are mutually satisfying. Through this family mediation process, the mediator is an unbiased and impartial third person. Since mediation is future-focused and holds children as the paramount consideration in discussions, mediation is quite different from counselling, which has more of a focus on what has happened in the past.
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