Separation Mediation — Donna Cooper Mediation

Separation

Assistance with separation

Separation is often an extremely stressful time for all involved. It is important that people seek help and support when needed. We can assist with referrals to specialist family services.

For parents, the family law system provides a great deal of support for your children. We can refer you to information that can assist you understand how to support your children through the family separation. We can also refer you to programs designed specifically to assist children experiencing their parents’ separation.

Retain control over your separation

Family courts currently have huge backlogs. People can wait two years or more to have a judge make a final decision. When you take your case to court, you hand over control of the decision to a judge. Judicial officers have very limited time to consider such important decisions. Legal fees can be very high if your case proceeds through the court system. Mediation, called “family dispute resolution”, in family cases about children, is a more cost-effective process and allows you to retain control over decisions affecting your family. You can tailor the agreement to consider your needs and those of your children. If you have a lawyer, he or she can attend the mediation with you, and you will have the benefit of legal advice and support throughout the session.

Is family dispute resolution compulsory?

Attendance at family dispute resolution (FDR) is required before children’s cases can be taken to family courts. If a person wants to file an application in a family court, they need to file a section 60I certificate (FDR) certificate with their application. The s60I certificate shows they attended FDR and made a genuine effort to try to reach agreement. The only exceptions to the requirement for a s60I certificate are where cases are very urgent, where allegations of child abuse are being investigated or where there are issues of family violence and overwhelming power imbalances.

Tailor decisions to your children’s needs

Research shows that ongoing high conflict between parents is damaging for children. In family dispute resolution, the focus is on having constructive discussions and working towards a respectful co-parenting relationship. The family dispute resolution practitioner (FDRP) provides guidance to tailor parenting arrangements to suit your children’s developmental needs and personalities. In some cases, particularly where children are older, a child-inclusive FDR session may be appropriate. A highly trained child consultant can speak to the children and provide their perspectives.

Family Violence and Intimidation

If there have been any issues in your relationship of intimidating or threatening behaviour or verbal or physical abuse it is important to let your mediator know about this. Your mediator can talk to you about whether mediation will be suitable and if so, how the session can be set up in a way so that you feel secure. If mediation is found not to be suitable, we can assist by discussing other options.