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:

• 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

​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:

• 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 (as at 2013) 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 Federal Attorney-General's Department, pursuant to the Family Law Act 1975 (Cth)

• He is a Nationally Accredited Mediator
• He has a Master of Laws (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 parties are in two different rooms), phone mediation and videoconferencing mediation, especially useful for interstate and international parties
• He conducts mediations in Brisbane, Ipswich, Gold Coast, Sunshine Coast and Toowoomba
• 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

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:

• 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
• 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
• Consider how the assets and liabilities will be distributed between the parties

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:

• 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.

​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:

• keep the best interests of the children as the paramount consideration
• help the parents to identify the issues to be discussed
• 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 the issues
• reality test the options of each parent
• 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 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.