Family
At Mediation Moves we work with a wide range of family issues, including the following:
- Parenting after the breakdown of defacto or marriage relationships;
- Property division post separation or divorce;
- Extended family
- LGBTQI+ families
- Elder Care & Decision Making
- Teen & Children
Why use mediation in a family dispute?
- The experience and impartiality of a third party professional mediator helps to discern the underlying obstacles to resolution and to retain a focus on the future wellbeing of the family.
- Communication often breaks down amidst heightened emotions in a family conflict but an experienced mediator can help greatly, not only to resolve current disputes but also to enable more positive ongoing communication.
- A focus on children is of primary concern where children are involved in a dispute, and yet its often difficult to see the children’s needs through the grief of a breakdown in a family. The mediator can help you find the child focus.
- Older family members often have particular needs to address and family members may differ in their ideas, placing stress on the whole family system. An experienced elder mediator can greatly assist with identifying elder needs and issues.
- Future focus, to move beyond the rut of your conflict, is the best way to resolve a conflict but it can be difficult without the assistance of an experienced mediator.
- Trauma informed support is often provided by an experienced mediator and they can also help you with referrals to specialists where further support is required.
Family Dispute Resolution (FDR)
Our accredited Family Dispute Resolution Practitioners (FDRP) work caringly with families to help them navigate the immense challenges of family conflict. Whether you cannot agree about the children or need help to finalise your property division, or both, we find that the support of a third party mediator who is impartial and professional can greatly assist resolution. Family Dispute Resolution is voluntary but you do need to try it before you can access the court for assistance with any parenting disputes.
With many years of extensive experience in post separation and divorce mediation, we appreciate that all families are unique and so design our mediation service to your particular needs.
However, a usual process for FDR mediation involves the stages outlined in our About – How We Work section.
Child Inclusive Practice is a specialised service offered by our trained and experienced child practitioners. It brings a child’s voice into decision making process, where appropriate. Find more information here Child Inclusive Practise
Under the Family Law Act 1975 there are 3 types of Agreements arising from a Parenting FDR: Parenting Agreement; Parenting Plan and Consent Orders. The FDRP assists with the drafting of the agreement subject to the parents agreed wishes.
In Property disputes it is recommended that parties formalise their agreement into a legally enforceable agreement after mediation. This may involve making an Application for Consent Orders or creating a Binding Financial Agreement. It is strongly recommended that a lawyer assist with the drafting of these documents following an agreement in a mediation.
The process for property or financial mediation follows a four step mediation process, similar to the process used in court. You can find more information about how we work in post separation property mediation in our Resources section.
Sometimes lawyers participate in a mediation to advise and support the parents. Other times legal advice is sought by parents at some stage before or after a mediation, or both. Some parents do not need legal advice to reach an agreement regarding their parenting, although it is required with property settlements. Additionally, lawyers are usually involved after a mediation to assist with drafting and filing any agreements in court, if required.
Court and Mediation in Family Parenting Disputes.(Section 60I Certificate)
The Family Law Act 1975 requires that a mediator be an accredited Family Dispute Resolution Practitioner to provide mediation for parenting disputes after separation. If parents choose to seek the assistance of the court for their post separation parenting differences, they are required to first attempt FDR, unless an exception applies. Only if mediation is found to not be suitable for them, can they obtain a Section 60I Certificate from an accredited FDRP. As accredited FDRPs, Mediation Moves can provide this Section 60I Certificate, where appropriate. More information can be found in our Resources section.
Elder Mediation Elderly family members often need particular care arrangements, whether it be living at home or out of home, financial or guardianship support. Finding the best way to care for your older loved ones can be confusing and fraught with intra family disagreement. An experienced elder mediator can make this time much more seamless with their knowledge of elder care issues and resources, not to mention their assistance with helping the family make those big decisions. You can find more information here. Resources
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