What happens in FDRP mediation?
FDRP mediation can be overwhelming and stressful so let’s break down the process so you know what to expect on the day. The process slightly changes by removing private sessions if it is a shuttle mediation (as all communication is only directly with the mediator and not each other).
What type of mediation you will be doing will be decided by the mediator after they have completed intake sessions with all parties involved. You may do one or two intakes sessions depending on your case, these sessions last 45-90 mins.
Before you can do your mediation session, you must sign and return the agreement to mediate, confidentiality agreement and paid your fees. The fees are split 50/50 between parties.
Stage 1: Mediators opening statement | Your mediator will start with an opening statement which goes] through all the information they are obliged to tell you as an accredited FDRP which includes confirming confidentiality. They will also introduce the parties and any support people joining the mediation and set the foundations and tone for the session and explain the process. If you are doing a property mediation, your lawyer must be present or contactable by phone during the mediation for support. A parenting plan must also have been agreed to before a property mediation. Property and Parenting mediations are best to be done individually in separate sessions. |
Stage 2: Individual statements. | All parties get a chance to explain what issues they are here to resolve and what they would like to get out of the mediation moving forward. These are statements that can be prepared ahead and read out if clients feel more comfortable. While one party is doing their statement it is really important other parties listen to what they are saying and take notes rather than interrupt. All parties will get a chance to discuss the issues raised in further stages. The mediator will summarise what was said after each individual statement to clarify what was said by each party. |
Stage 3: Agenda | The mediator will then set an agenda of issues to be discussed and ask the parties to prioritise the list. The list of issues can be added to or changed as parties proceed through the mediation. They are not set in concrete. |
Stage 4: Exploration | Parties get a chance to directly communicate and share with each other their perspectives and thoughts on each issue, with each other (unless it is a shuttle), under the professional guidance of the mediator. It is important that communication remains respectful at all times. |
Stage 5: Option generation | Parties now get the chance to start discussing possible options for each Agenda item under the professional guidance of the mediation. |
Stage 6: Private Sessions | Each party will have a private session with the mediator. These sessions usually last about 10-15minutes. They are to discuss options further privately and reality test them. These sessions are confidential, but parties may present options that were discussed to the other party in the next stage. It is a good opportunity for each party, when not in private session, to have a break and get a drink etc. |
Sage 7: Negotiation/firming up options | In this stage, each party will put forward if they choose to, any options that can be firmed up. The parties will workshop details and logistics of how these options are to be executed in real life and start formulating a plan moving forward. |
Stage 8: Finalising agreement. | Agreement is finalised and emailed to both parties to date and sign. It is up to the parties whether they make agreements into consent orders through their legal representatives by the Family Law court of Australia. Parenting agreements not made into consent orders while not enforceable by the courts, still do carry some weight if your case was to ever go to court. If this is a property settlement, depending on the size of the settlement estate, you must get legal advice/action about entering into a financial agreement consent orders based on your property agreement. |
Future support: What if the situation changes in time and the agreement isn’t suitable? | If your circumstances or needs change over time, for example; children’s needs change, logistics change due to location change, other issues arise, agreements can be altered if both parties consent on the changes through another mediation session and a new agreement can be drawn up and signed by all parties which will supersede the previous agreement. This includes agreements that have been made into consent orders. |
What do I need to prepare before mediation?
LEGAL PREPARATION | · Seek Legal Advice: Consult with a lawyer specialising in family law to understand your rights and obligations under the law, and how they apply to your specific situation. They can also advise on potential outcomes if the matter goes to court. · Understand Potential Outcomes: Discuss with your lawyer the potential outcomes of mediation, including what a court might order if an agreement isn’t reached. |
WHAT SUPPORT MIGHT I NEED? | · Think about what support you may need: What support will you require before, during and after mediation? Do you need legal, financial, therapeutic, physical, language translator, interpreter or medical professional during your mediation session to help best support you? Your mediator, during your intake session, can discuss this with you and offer you referrals. |
PERSONAL PREPARATION FOR THE MEDIATION | · Clarify Your Goals: Determine what you want to achieve from the mediation, including what you are willing to compromise on, and what your priorities are. · Consider the Other Party’s Perspective: Try to understand the other party’s position and needs, as this will help you negotiate more effectively. · Prepare a List of Key Issues: Prepare a list of the main issues you want to discuss and resolve during mediation. · Be Emotionally Prepared: Mediation can be emotionally challenging, so it’s important to be prepared for potential emotional responses and to stay focused on your goals |
KEEP YOUR CHILDREN’S BEST INTERESTS AT HEART | · What are my children’s needs: Your children’s needs can sometimes get overshadowed by your own feelings, emotions and personal perspective. It is really important to be child focussed during mediations and always make decisions with your Childs best interests at heart over your own. · Will it help to hear our children’s perspective? Based on suitability of your case by the mediator, they may offer parents the opportunity if appropriate, to involve a Child Consultant so the mediation is a ‘Child Inclusive’ process. A Child Consultant meets with both parents separately then with the children, together and individually if more than one child. They will present the feedback to the parents at the start of the mediation process after the Mediators opening statement. The child Consultant strictly only enquires about the child’s perspective on the separation and the effect any conflict has on them and what their needs are moving forward. · Seek Support: Consider seeking support from a counsellor or other professional to help you or your children manage the emotional aspects of the process. |
Contact information referral and advice lines:
LEGAL- FAMILY LAWYERS | Legal aid NSW: 9219 5000 or Legal Aid NSW Law Society of NSW 99260333 or Homepage Federal Circuit and Family Court of Australia: Marriage, families and separation (prescribed brochure) | Federal Circuit and Family Court of Australia Obtain recommendations through friends/family referral/accountants/psychologists for family lawyer referrals. |
SEPARATING PARENTS RELATIONSHIP ADVICE AND COUNSELLING | Attorney Generals Department: Families My Gov: Where to start when you’re separating Family Relationships Advice Line: 1800 050 321 Family Relationships online: Home Relationships Australia: 1300 364 277 or Relationships Australia Beyond Blue: 1300 22 46 36 Parent line: 1300 1300 52 |
SAFETY | Emergencies: 000 lifeline: 13 11 14 International Parental child abduction: 1300 555 135 1800 RESPECT and Family violence law help: 1800 737 732 or Family Violence Law Help | Domestic & Family Violence and the Law |
CHILD SUPPORT | Department of human services child support: 131 272 The Child Support Agency: 13 12 72 (assists in your eligibility or liability for child support.) |
FINANCIAL ASSISTANCE | Centerlink families parents line: 13 61 50 Assistance for single parents: Services Australia Financial counselling Australia: 1800 007 007 or Homepage – Financial Counselling Australia |
MEDIATION PROCESS AND INFORMATION | Federal Court of Australia: https://www.fedcourt.gov.au/services/ADR/mediation Family Relationships: Family mediation and dispute resolution |
What do I need to do to be ready for mediation?
LEGAL ADVICE | Have I obtained legal advice before I mediate? Do I want them present during my mediation? |
WELLBEING SUPPORT | I have I had counselling or spoken with a professional support person to make sure I am mentally ready and have the capacity to mediate in the best interests of my children? Do I need a support person with me during my mediation? |
FINANCIAL ADVICE | Have I had sound financial advice in relation to the property settlement? Have I had financial advice in regard to my ability to care for the children and provide for them in their best interests in reference to my proposed time share? |
SAFETY | Have I got a safety plan in place for myself and the children for before, during and after mediation? How safe do I feel? |
MEDIATION PROCESS | Am I familiar and confident about the mediation process and what to expect on the day? Do I understand what is required of me? Do I understand confidentiality? Have I read and signed the agreement to mediate provided by Lifestyle Mediation? Have I paid my share of the fees? Do I need another intake session? |