FAMILY MEDIATION BRISBANE
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Choosing Mediators at Family Mediation Brisbane

9/9/2013

 
Our Mediators are all Nationally Accredited Mediators and registered Family Dispute Resolution Practitioners with the Department of the Federal Attorney-General. As mediators, they each have years of experience in working with families that are coping with separation and divorce.

Further, all of our mediators adhere to the best practice standards as prescribed by the Department of the Federal Attorney-General of the Australian Government.

Our Vision, Mission & Values

9/9/2013

 
Through our nationally accredited mediators and Family Dispute Resolution Practitioners, we provide mediation to assist parents in resolving care arrangements for children and financial matters during the difficult time of separation and divorce.

Our services are available across Brisbane and the Gold Coast.

Our Vision
Positive and sustainable adjustment to separation and divorce for all people.

Our Mission
To promote relationships between separated and divorced parents that are respectful through sustainable and appropriate care arrangements for children and fair property settlements.

Our Values
We live and work by our values to help all Australians achieve positive adjustment after separation and divorce through our values:

Children’s Best Interests: We are committed to promoting and pursuing the best interests of children through the service provision of mediation.

Clients: All members of our community are entitled to high quality, impartial, fair, respectful and affordable services based on their particular needs and delivered without any discrimination.

Collaborative Relationships: We liaise and network with other organisations and industry-specific stakeholders to ensure that our clients can best adjust to separation and divorce after the breakdown of a relationship.

Accountability: All of our services and activities are targeted to meet our clients’ particular needs; therefore, we seek the best possible outcomes by utilising the resources available.

Ethical Behaviour: We promote positive and respectful relationships for all people – especially our clients and our staff – by taking action that protects the autonomy of all people, does not harm others, and ensures that all mediation services are administered fairly and equally.

Intrinsic Value: We, at Family Mediation Brisbane, commit to highly valuing each other by respecting and supporting each other, and by providing a safe and fair workplace.

Professional Services: We strive to provide high quality mediation services, uphold our professional integrity, act within the scope of the Federal Attorney-General’s best practice directions for Family Dispute Resolution, and continually develop our skills in mediation.

Choosing the Right Family Law Mediator

5/9/2013

 
Choosing the right family mediator for you and your particular circumstances is an important step. In making that decision, consider the following:
  • The mediator’s mediation experience, especially in family law matters that are similar to yours, which may include children's care arrangements, child support, property matters and relocation
  • The mediator’s family law expertise
  • The mediator’s mediation training and credentials, particularly in family law
  • The mediator’s education and professional background, especially for assisting in the generation of options to the issues that are important to you
  • The mediator’s reputation for professionalism, impartiality and competency
  • The mediator's location, in an area close to 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, with parents located in Queensland, interstate and overseas
  • He has conducted child-inclusive mediations, where a child psychologist provides feedback during the mediation to the parents, 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

Preparation for Family Mediation

1/9/2013

 
Parents frequently ask, "How should I prepare for my family mediation?"

In preparing for your mediation, consider the following:
FOR CHILDREN'S MATTERS:
  • Identify the issues that need to be discussed and resolved
  • Consider the underlying needs and concerns for each issue
  • Seek independent legal advice
  • Think about numerous alternatives in resolving each issue
  • Seek independent advice from a child psychologist for guidelines regarding appropriate care arrangements for children according to their ages and developmental stages
FOR PROPERTY MATTERS:
  • Identify all of your assets and liabilities
  • Ascertain the precise value for each of those assets and liabilities
  • Seek independent legal advice about percentage division of all assets and liabilities

Although this serves as a guideline, it is also important not to over-think things before your mediation. 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.

When Family Mediation Will Be Appropriate

30/8/2013

 
Family law mediation is appropriate for parents who are civil with each other, as well as for parents experiencing high conflict. Where there are power imbalances between parents, it is the role of the mediator as an unbiased third party to place them on an even playing field throughout the mediation, which may be achieved by ensuring that each parent effectively communicates their interests and concerns, or even by conducting Shuttle Mediation, which is mediation from two separate rooms.

Unfortunately, family law mediation is not appropriate for every case. As a process, it may not be appropriate where legal issues need to be determined, where a document needs to be interpreted, or where an urgent injunction is required. In addition, mediation as a process may not be appropriate where there is a history of intimidation and domestic violence between parents, or where there is a power imbalance that is such that it prevents one parent from effectively participating during the mediation.

Family Law Mediation as a Confidential Process

22/8/2013

 
Mediation in family law is a confidential process, in that anything discussed during the mediation session will not be repeated outside of the mediation session. Furthermore, the mediator is an unbiased and independent third person who has no interest in the outcome of the mediation. Hence, the mediator is generally bound not to reveal what the parents have said during the mediation session, albeit there are exceptions to this, including:
  • Where an existing law requires the mediator to report information on specific issues, such as child abuse
  • Where the mediator believes that it is necessary to reveal such information in order to prevent serious bodily injury or death to someone

Outside of these exceptions, family mediation exists as a confidential process, which is distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.

The Benefits of Family Mediation

19/8/2013

 
Family mediation is much faster than going to court, since mediation is organised for when the parents are available, rather than when the court is ready to schedule a date, which can sometimes be as long as 12 months into the future.

Family mediation is much cheaper than going to court, because mediation avoids the expensive costs of barristers, solicitors, filing fees, court fees, and witness expenses.

Mediation is also confidential but for the exceptions, as previously discussed. Therefore, parents can avoid newspaper reports, court reports and transcription, all of which is a significant advantage for parents with public profiles.

Furthermore, mediation allows the parents to maintain a working co-parental relationship due to the positive and constructive environment that mediation offers, as distinct from the adversarial and litigious nature of going to court.

During mediation, the parents make the decisions about their children and property, not the judge, the lawyers or anyone else. Therefore, family mediation is empowering for the parents.

Finally, family mediation is an informal process, because it does not have the formal protocol or procedures that the court has, thus making it easier for the parents.

The Role of the Mediator

15/8/2013

 
During the mediation, the mediator will:
  • keep the best interests of the children as the paramount consideration of discussions
  • help you to identify the issues you wish to discuss
  • help you to remain focused on the issues
  • manage the mediation process, so that those issues may be discussed
  • help you to identify options as potential solutions to issues
  • challenge you and reality test the reasoning behind discussions
  • draft agreements in writing

The mediator will not:
  • make decisions for you
  • tell you what to do
  • take sides with either parent
  • provide legal advice

It is important that you obtain legal advice. You may do this before, during and after the mediation process.  We recommend, as a minimum, that you obtain legal advice prior to the mediation.

Defining Family Dispute Resolution

7/8/2013

 
Family Dispute Resolution is a process of mediation where a neutral and unbiased third party (a mediator defined under the Family Law Act 1975 (Cth) as a Family Dispute Resolution Practitioner) assists separated parents in discussing matters relating to their children and property. As a form of assisted negotiations, the mediator’s role is to provide structure to the process, as well as help parents in communicating with each other within a safe environment. Agreements that are reached are typed and provided to the parents.

All of our mediators are Family Dispute Resolution Practitioners who are duly registered with the Department of the Federal Attorney-General. They are authorised to provide Family Dispute Resolution and issue section 60I certificates in relation to parenting matters.
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