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Agreements About Parenting in Family Mediation

23/9/2013

 
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

François as Your Family Mediator

9/9/2013

 
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 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.

How to Choose the Right Mediator for You

5/9/2013

 
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 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

Preparing for Family Mediation

5/9/2013

 
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, 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.

    François Mercier

    MEDIATOR

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