Family law mediation works towards achieving agreements relating to parties' 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, parties must seek independent legal advice from their own lawyer, who then certifies that they have provided such advice, before applying for the Family Court to stamp such agreements as Consent Orders. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. The 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:
PARENTING PLAN:
CONSENT ORDERS:
PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. As 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, as an unbiased mediator, François cannot 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 legal advice from their own lawyer. François is authorised by the Federal Attorney-General's Department to issue section 60I cerfiticates, which are required (subject to exceptions) before an application for parenting orders can be heard by the Family Court of Australia. He is a Nationally Accredited Mediator and a Family Dispute Resolution Practitioner registered with the Federal Attorney-General's Department, pursuant to the Family Law Act 1975 (Cth). He has a Master of Laws (Dispute Resolution), specialising in mediation, from The University of Queensland. In choosing the right family mediator for you and your particular circumstances, consider the following:
François' family law mediation experience:
François' family mediation certifications and qualifications:
François' flexibility in the process of family mediation:
François' professionalism, understanding and courtesy:
Parents 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:
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. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. As 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 provide an environment in which parties can effectively communicate his or her interests and concerns. As an additional measure, the mediation can be conducted via Shuttle Mediation (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 in certain circumstances, and it is for the mediator to undertake such assessment about appropriateness by conducting intakes with each party separately. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. Family 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 more cost-effective than going to court, since mediation avoids the expensive costs of lawyers, filing fees, court fees, and witness expenses. Mediation is also a confidential process (but for certain exceptions). 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 court. 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. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. Family 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:
But for these exceptions, family mediation exists as a confidential process. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. During family mediation, the mediator will:
The mediator will not:
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 that legal advice be obtained prior to, during and after the mediation. PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. Mediation is an alternative dispute resolution process that is confidential and less formal than going to court. Mediation allows parties to resolve issues about which they disagree, with the mediator facilitating discussions towards agreement. Through this family mediation process, the mediator is an unbiased and impartial third person. The parties make all decisions on the issues, not the mediator.
PLEASE NOTE: The information provided on this website is for general purposes only and does not constitute legal advice in any way whatsoever. It is always recommended that you seek legal advice from your own lawyer. |