What is Mediation/Family Dispute Resolution?
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Mediation is a problem-solving process that involves people participating in structured discussions. Where separating parents are discussing arrangements for their children, mediation is known as “family dispute resolution”. The mediator/family dispute resolution practitioner (FDRP) is independent and helps people to clarify the issues and put forward their views. The main goals are to increase people’s understanding of each other’s perspectives and to reach workable agreements. Mediation can be used to resolve a wide range of issues, including arrangements for children, property and finances after separation, workplace disputes and cases already in the court system.
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Prior to the day:
The mediator talks to each person separately, in confidential one-on-one intake sessions.
During these intake sessions, the mediator gathers background information, explains the steps in the mediation process and ensures people have supports in place.
Where people will attend the mediation with their lawyers (lawyer-assisted mediation), the mediator also talks to their legal representatives.
At the mediation/ family dispute resolution session:
The mediator reminds participants of the process.
The parties briefly set out the key points they want to discuss.
The mediator clarifies the issues for discussion.
The mediator ensures that discussions are respectful.
Options are generated for resolution.
People are assisted in putting forward proposals; and
The agreement is reached and written up.
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The mediator is an impartial person who helps to facilitate the discussions. The mediator ensures that each person gets the opportunity to put forward their views and have the chance to listen to each other’s perspectives.
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Generally, mediations consist of joint and private sessions. Joint sessions are often beneficial. However, the mediator will consult with participants to determine the format they will feel comfortable with.
Joint sessions, where parties are in the same room, can be beneficial where:
The participants can share information
There have been miscommunications or a breakdown in communication and constructive face-to-face dialogue will be helpful
Parties will have an ongoing relationship and need to communicate regularly in the future.
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The people involved in the dispute will be present during joint mediation sessions. In lawyer-assisted mediations, the legal representatives also attend.
In family dispute resolution, support people do not generally attend the joint discussions, however, participants can speak to their support people during breaks.
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Generally, all participants will speak during the mediation session. For example, generally each person makes their own opening statement. However, if they don’t feel confident enough to speak, and they are in a lawyer-assisted mediation, their lawyers can speak for them.
Opening statements provide some brief background information about what has brought people to mediation and the issues for discussion.
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Donna is based in Brisbane and conducts in-person mediations in Brisbane and surrounding areas, such as Logan, Ipswich, Caboolture, the Gold Coast, Sunshine Coast and Toowoomba. When mediations take place via video conferencing, parties and lawyers can be anywhere in Australia or overseas. If the mediation is in-person, a mediation room will be hired at a location convenient to all participants.
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If people have lawyers, the legal representatives will usually organise the mediation. If they don’t have lawyers, often one party will approach the other to see if they will agree to attend mediation. If a person doesn’t feel comfortable contacting the other party, the mediator can contact them.
For workplace mediations, often the People and Culture staff or manager will organise the mediation.
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Unlike court dates that are often allocated without any consultation, the mediation session can be arranged at a date and time that suits all people involved. It can be conducted in-person or via video conferencing. In a lawyer-assisted mediation, people can attend with their lawyers and have the benefit of legal advice during the mediation session.
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Mediation can only go ahead if everyone cooperates and commits to attending and discussing the relevant issues. If the other person won’t agree to participate, you should seek legal advice.
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It is never too late, as even if the case is already in the court system, people can still mediate, provided they agree to attend, and their case is suitable.