Family Law

Family Law

Mediation and Family dispute resolution
What is family dispute resolution?
Family dispute resolution is the legal name for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other. You may have reached a point where you cannot agree on issues concerning your property, children, or money. You may not be able to talk to each other at all but would like the opportunity to sit down with a trained mediator and try to resolve the problems without the threat of courtrooms and large legal bills.
Family dispute mediation can help you sort out these issues without going to court. If you can resolve your differences you will save yourself time, money and a whole lot of stress for you and your family.

Is Family Dispute Resolution Compulsory?

From 1 July 2008 changes to the family law system make Family Dispute Resolution a requirement before you can apply to the court for a parenting order.  This includes new applications, and applications seeking changes to an existing Parenting Order. There are some exceptions to this requirement, such as cases involving family violence or child abuse or where the matter is urgent.

What is a Registered Family Dispute Resolution provider?

A registered family dispute resolution provider is an individual or organisation who has met the required standards of training, experience and suitability for inclusion on the Family Dispute Resolution Register. Registered family dispute resolution providers can conduct family dispute resolution and, if needed, issue a certificate for you to take to court to confirm that an attempt at family dispute resolution was made.

Antoinette Campbell is a registered practitioner who is authorised to issue certificates under s60I of the Family Law Act 1975.

What happens when you contact us?

When you contact us we get details from you like, you and the other parties name, the nature of the dispute , if there are children involved, do the parties have solicitors etc.
We assess the suitability of the mediation which can to be conducted, this is able to be done over the phone.

If it is suitable then we get permission from you to contact either the other party or their solicitor. We then contact them or their solicitor by sending them a letter inviting them to attend a session. The letter sets down 3 possible dates and the timeframe in which they need to respond.

When the other party responds, we advise you immediately by way of phone. A letter then setting out the process is sent to both parties along with suggested options for consideration. People can either attend a session with their lawyer or on their own. Children are not allowed to attend mediation at our office.

What happens in family dispute resolution?

Before family dispute resolution can commence, an assessment will be made to see whether family dispute resolution is suitable for your situation.

A family dispute resolution practitioner is impartial and will not take sides.  They can help you to look at problems in an objective, positive and new way.  It concentrates on resolving specific disputes by keeping parties focused and heard.

We can help you and the other person discuss issues, look at options, and work out how best to reach agreement.  Importantly, you can use family dispute resolution to develop a parenting plan to set out arrangements for your children.  A family dispute resolution practitioner will also check that everyone understands what is being said and agreed upon.

A family dispute resolution practitioner will also help you recognise when family dispute resolution isn't working and can suggest other options, such as family counselling.

Are things said at family dispute resolution confidential
and can they be used in court?

Under the Family Law Act, a family dispute resolution practitioner is required to keep everything you say confidential, except in certain circumstances, such as where you give consent, or to prevent a serious threat to someone's life or health or to prevent the commission of a crime. A family dispute resolution practitioner must also report child abuse.
 
What is said during family dispute resolution, except, in some situations, an admission or disclosure of child abuse, cannot be used as evidence in any court.

What if you are feeling unsafe?

If you have concerns about your safety, you should let us  know immediatly.

There are ways of conducting family dispute resolution that do not involve being in the same room as the other party. As a practitioner I have particular skills in conducting family dispute resolution in cases involving family violence.

If you have experienced abuse or violence from your ex-partner, it's important that you feel safe and are safe before, during and after family dispute resolution.

In some cases it will not be appropriate to go ahead with family dispute resolution.

What happens to any agreement reached in family dispute resolution?

If you reach an agreement on arrangements for your children, this can be recorded as a parenting plan. A parenting plan is not legally enforceable but is a document that enables the parties to trail a suggested plan that has been decided upon by the parties. To be recognised under the Family Law Act, a parenting plan must be in writing, dated and signed by both parents. Your agreement or parenting plan can include details on how the plan can be changed and how disagreements about the plan will be resolved. Agreements can be renegotiated over time and that can also be written i and that can also be written in to the plan. If you are not sure you should talk with your lawyer about your legal position.

If you want to make your final parenting plan or other agreement legally binding, you can apply to the court for a consent order. Independent legal advice should always be sought.

Obtaining the s60I certificate
What if no agreement is reached?

Even if you cannot reach agreement, family dispute resolution may help you to communicate better and better manage areas where you disagree.

If you try family dispute resolution but still need to go to court for a parenting order, you will need a certificate from a registered family dispute resolution provider.

The certificate will say one of the following:

• the other party did not attend

• you and the other party attended and made a genuine effort to resolve the dispute

• you and the other party attended but one or both of you did not make a genuine effort to resolve it (eg by refusing to participate), or

• the family dispute resolution provider decided that your case was not appropriate for family dispute resolution.

What if I do not attend or make a genuine effort?

If family dispute resolution is required in your case but:

• you do not attend, or

• you do not make a genuine effort to resolve the dispute

the court may:

• take this into account in deciding costs (you could be ordered to pay some or all of the other party's legal costs), and/or

• order you and the other party to attend family dispute resolution.