ABOUT FAMILY MEDIATION
FAMILY DISPUTE RESOLUTION
Mediation is an alternative form of dispute resolution to the more formal options of litigation and arbitration. Mediation is a process for resolving disputes between parents who are genuinely motivated to mediate, and who desire to achieve mutually satisfying resolutions to their disputes by participating in a process guided by a mediator. As such, mediation is quite distinct from counselling or therapy.
CONFIDENTIAL
Mediation is a confidential process; hence, anything that is discussed during the mediation session will not be repeated outside of the session. Although a mediator is bound not to reveal what the parties have said in mediation, exceptions exist, including:
ADVANTAGES OF FAMILY MEDIATION
APPROPRIATENESS OF FAMILY MEDIATION
However, mediation is not appropriate in the following circumstances:
Mediation is an alternative form of dispute resolution to the more formal options of litigation and arbitration. Mediation is a process for resolving disputes between parents who are genuinely motivated to mediate, and who desire to achieve mutually satisfying resolutions to their disputes by participating in a process guided by a mediator. As such, mediation is quite distinct from counselling or therapy.
CONFIDENTIAL
Mediation is a confidential process; hence, anything that is discussed during the mediation session will not be repeated outside of the session. Although a mediator is bound not to reveal what the parties have said in mediation, exceptions exist, including:
- Where an existing law requires the mediator to report certain information, such as child abuse
- Where the mediator believes it is necessary to reveal information so as to prevent serious bodily injury or death
ADVANTAGES OF FAMILY MEDIATION
- It is quicker than going to court (mediation is organised according to the availability of the parents)
- It is much cheaper than going to court (mediation avoids ongoing legal costs, filing fees, court fees, witness expenses & lawyers' fees)
- It is confidential but for the exceptions (mediation avoids newspaper reportage, court reportage & transcription)
- Parents can fully communicate with each other in a positive and constructive environment mediation (maintains a working co-parental relationship)
- Parents – not the Judges, their lawyers, or anyone else – make the decisions relating to their children & property (mediation empowers the parents)
- It is conducted informally (mediation has no formal protocol or procedures of the courts)
APPROPRIATENESS OF FAMILY MEDIATION
However, mediation is not appropriate in the following circumstances:
- The dispute requires a determination of a legal issue or the interpretation of a document, or it requires an urgent injunction
- There is a history of intimidation, violence or acrimony between the parents
- There is an imbalance of power between the parents, such that one parent cannot effectively participate in their own best interests
THE FAMILY MEDIATION PROCESS
The mediation process is in three steps:
STEP 1: INITIATING PARENT'S INTAKE
STEP 2: RESPONDING PARENT'S INTAKE
STEP 3: MEDIATION
STEP 1: INITIATING PARENT'S INTAKE
- The parent outlines any relevant background information
- François discusses with the parent the issues and specific concerns to be resolved
- François provides more information about the mediation process to the parent
- Information is not repeated to the other parent
STEP 2: RESPONDING PARENT'S INTAKE
- For the same purposes as in Step 1
STEP 3: MEDIATION
- Both parents attend the mediation session with François
- François outlines the terms of the Agreement to Participate in Family Dispute Resolution (this sets down guidelines for participation in the mediation)
- Each parent, in turn, describes the issues to be resolved from their particular point of view
- From the issues, François creates an agenda (a list of the issues of both parents that sets the parameters of the mediation)
- Each issue is discussed, as each parent, in turn, states their underlying concerns
- From such concerns, options are generated by both parents (assisted by François)
- The parents negotiate about these options
- When settlement of the issues is achieved, François prepares the written agreement & presents it to each parent
PREPARING FOR FAMILY MEDIATION
CHILDREN'S MATTERS
PROPERTY MATTERS
- Identify the relevant issues to be discussed & resolved at mediation
- Consider their underlying concerns in relation to each issue
- Seek independent legal advice of the likely outcome of going to court for each issue
- Consider numerous options for each issue
- Seek independent expert advice for any particular issues, such as guidelines of appropriate care arrangements for children according to their ages & developmental stages
PROPERTY MATTERS
- Identify all assets and liabilities relevant to the property settlement
- Ascertain precise values for all such assets and liabilities
- Seek independent legal advice of the likely outcome of going to court
By Francois Mercier