The Federal Circuit and Family Court of Australia expect that prior to commencing legal proceedings in Court, parties will make every genuine effort to reach an agreement concerning their family dispute whether that be a dispute about parenting or property or both.

Mediation with a qualified mediator or Family Dispute Resolution Practitioner (FDRP) is an affordable and timely option for resolving disputes which allows your input into the process and outcome.

Mediators or FDRP’s are independent and will not take sides, make judgements or generally give an opinion about who is right or wrong. They do not give legal advice . This is called the Facilitative Model of mediation where the mediator assists the parties to reach a mutually agreeable resolution by facilitating negotiations between the parties.

In some circumstances, a mediator may evaluate the issues in the case and provide and opinion to the parties with their consent. This is called the Evaluative Model.

In parenting matters, unless your matter is urgent or falls into one of the exemptions stated in the Family Law Act, it is mandatory to undertake mediation or Family Dispute Resolution.

All discussions before a qualified FDRP are confidential and the discussions held are inadmissible in court, that is, the FDRP cannot share any information discussed or give evidence in court about information shared. The exceptions to this are that an FDRP may be able to share information in the event someone’s life is being threatened, or a crime is about to be committed. An FDRP must also report child abuse or provide information in the event a child is at risk of abuse.

In some cases, an FDRP can end a mediation if it becomes unsafe or unsuitable.

If your Family Dispute Resolution (FDR) occurs the FDRP must complete a prescribed certificate called a section 60 I certificate. In parenting matters this certificate will be required in the event your matter was not resolved and an application to the Court is required.

In the event your matter resolves you can formalise your agreement by completing a Parenting Plan or filing an Application for Consent Orders before the Court.

You can also mediate or undertake Family Dispute Resolution at any time during proceedings.

You should always obtain legal advice before embarking on mediation, FDR and before finalising any agreement or Application for Consent Orders.

Time and cost.

FDR is conducted in hourly periods, usually for half day or one full day. At Civil Resolutions we conduct half day FDR from 9.30am to 1.30pm with a 15-minute break at a total cost of $ 2000.00 plus GST. A full day mediation would run from 9.30am to 4.00pm with a 1 hour break at a total cost of $3000.00 plus GST. In the event the mediations run over time no additional charge will be made.

 An intake session is always completed before any FDR to check and assess that the matter is suitable to proceed. The cost of the intake session is charged separately at $500.00 per hour plus GST.

In the event the FDR proceeds the cost of any 60I issued is inclusive. In the event the FDR does not proceed the cost of the certificate will be charged separately at a cost of $450.00 plus GST.

Most services will be conducted by Zoom or if lawyer assisted, by zoom or in person at an agreed location. Rooms may also be available for hire for an additional cost.

Related sites.

You can obtain further information which may assist from either the Federal Circuit and Family Court of Australia and/or the Commonwealth Attorney General’s Department.

For a qualified Family Dispute Resolution Practitioner, mediation is the same as Family Dispute Resolution. Mediation can be in relation to parenting, property or mediations concerning a non Family Law matter.

As with a parenting matter, the Federal Circuit and Family Court of Australia expects that in property matters, prior to commencing proceedings in Court, the parties will make every opportunity to reach an agreement.

Mediators or FDRP’s are independent and will not take sides, make judgements or generally give an opinion about who is right or wrong. They do not give legal advice . The Facilitative Model of mediation is where the mediator assists the parties to reach a mutually agreeable resolution by facilitating negotiations between the parties.

In some circumstances, a mediator may evaluate the issues in the case and provide and opinion to the parties with their consent. This is called the Evaluative Model.

In property matters the first step taken is to understand the assets and liabilities of the parties. As in parenting, the Court expects parties to undergo full and frank disclosure of the parties financial information prior to commencing proceedings. Full and frank disclosure should also be undertaken, if possible prior to attending a mediation so parties can mediation with an agreed financial balance sheet. This will save on time and cost for both a mediation and any subsequent Court proceedings.

Again, as in parenting matters you can mediate at any stage of the proceedings.

All discussions before a qualified FDRP are confidential and inadmissible in court. The exceptions are information may be able to be shared in the event someone’s life is being threatened, a crime is about to be committed or in the case that a child is subject to abuse or a risk of abuse.

In some cases a mediation can end if it becomes unsafe or unsuitable.

In the event your matter resolves you can formalise your agreement by completing a Parenting Plan or filing an Application for Consent Orders before the Court.

You should always obtain legal advice before embarking on mediation, FDR and before finalising any agreement or Application for Consent Orders.

Time and cost.

FDR is conducted in hourly periods, usually for half day or one full day. At Civil Resolutions we conduct a half day FDR from 9.30am to 1.30pm with a 15-minute break at a total cost of $ 2000.00 plus GST. A full day mediation would run from 9.30am to 4.00pm with a 1 hour break at a total cost of $3000.00 plus GST. In the event the mediations run over time no additional charge will be made.

An intake session is always completed before any FDR to check and assess that the matter is suitable to proceed. The cost of the intake session is charged separately at $500.00 per hour plus GST.

In the event the FDR proceeds the cost of any 60I issued is inclusive. In the event the FDR does not proceed the cost of the certificate will be charged separately at a cost of $450.00 plus GST.

Most services will be conducted by Zoom or if lawyer assisted by zoom or at an agreed location. Rooms are also available at an additional cost.

Related sites.

Further information which may assist you can be found with information from the Federal Circuit and Family Court of Australia website on mediation and how to prepare for it .

Child inclusive Mediation in parenting matters is a process where an independent child consultant will interview your child/ren in order to understand your child/ren’s perspective in your dispute. It can be a helpful process particularly when children are 12 or over and wish to have their views known. Child Inclusive mediation can also occur when children are younger however it is generally not recommended for children under the age of 6 years.

The consultant will report back to both parties at the mediation on their findings concerning the child/ren and any views the child/ren may have.

The process allows children to have their voice heard and to participate in the process at a distance. No decisions are made by the consultant however the process can allow for a more child centric approach.

Child Inclusive Mediations are usually conducted slightly differently with two intake sessions with each party being made by the FDRP to check suitability to proceed. The child consultant will then interview the child/ren and report back to both parties during the mediation/FDR. The children will not be directly engaged in the mediation.

Each process will depend on the child consultant engaged.

Time and cost.

The time and cost will remain the same for FDR and mediation except that the cost of the child consultant will have to be included. Each consultant will have their own cost.

Most services will be conducted by Zoom or if lawyer assisted, by zoom or in person at an agreed location. Rooms may also be available for hire for an additional cost.

In addition to FDR and Mediation services, we are also available to assist law firms and to undertake the following work;

• Locum work ;

• Providing legal advice prior to attending a mediation with a third party ;

• Assisting firms generally with Family Law Legal work where assistance is required.