Parenting Mediation (FDR)
Parenting Mediation:
Our co-parenting Family Dispute Resolution (FDR) services provide the platform for you and your co-parent to navigate the challenges of raising children in two separate households.
Overview:
Separation is undoubtedly one of the most stressful experiences you can go through in life. When a relationship breaks down, it is often hard to find a way to agree on anything. Communication can become strained and the amicable pathway you had envisaged can feel further away than ever.
It can make the big decisions like navigating co-parenting in two households, or working out a fair way to divide your property between you both, seem near impossible. You start to doubt whether the amicable separation you wanted is even possible.
As Accredited Family Dispute Resolution Practitioners (FRDPs), we know the hurdles that you face which prevent you both from being able to directly reach agreement between you. Sometimes its just a breakdown in communication and other times it’s your different priorities and perspectives that need guidance to help find that middle ground.
And with backgrounds in law and working with separating families on a daily basis, we see also see first-hand the detrimental emotional and financial toll that separations can have, particularly on children when you can’t reach agreement and matters go to court for determination.
Kristal and Mel are passionate about helping Central Coast families just like yours to avoid the Family Court system (or exit it gracefully).
Our aim with each mediation is to help you to find the pathway forward to an amicable separation with the peace that you wish to achieve for your families’ future.
When is Parenting Mediation Helpful?
Parenting mediation is an opportunity for you as separated parents to reach agreement about co-parenting issues, such as:
Who your children will live with and how much time they will spend with each of their parents.
How long-term decisions are made by you both as parents.
How will you as parents communicate and how will children communicate with each of their parents.
What arrangements are made for special occasions such as birthdays, Christmas and Easter to ensure that the children have the opportunity to create memories with both parents.
How school holidays are organised.
How travel arrangements can be made for the children including interstate and overseas travel.
How you as parents are going to decide, manage and communicate extra-curricular activities.
Whether child support or other financial support arrangements need to be discussed and what they may look like.
Any other aspects of parenting either emotionally, physically or practically that parents would like to discuss.
A regular check in as your family experiences a new event that requires the facilitation of a further discussion about the parenting arrangements in place, such as when a parent obtains a new partner, a child is starting school or high school or perhaps where parents wish to travel overseas and obtain a passport.
Many families attend mediation not just once but multiple times throughout their co-parenting journey. It is very common that as children grow and change, their care arrangements also need to be discussed. Mediation is a wonderful resources for families to call upon as needed if they need assistance seeing each others perspectives on certain events which have arisen such as the introduction of new partners, reaching agreement on children’s primary school or high school or discussions about overseas travel and obtaining passports.
The priority in FDR is to ensure that all parenting arrangements are made in the best interests of the unique children the discussion of mediation. Our role as the mediator is to assist you in finding practical, workable solutions that work for your family and most importantly, meet your children’s needs so they can thrive.
How does Family Dispute Resolution (FDR) work?
Below we have set out an overview of how the FDR process works.
Other important things to know:
Confidentiality is key
Mediation is confidential. Confidentiality is hugely beneficial to parents as it means that parents can have an honest and open discussion about co-parenting without worrying that something said in mediation may be used or weaponised against them later. The confidentiality also means that any matters discussed at mediation are not admissible if matters do end up in court. A party or their lawyer cannot subpoena a mediator to give evidence or to supply their notes and in fact we destroy all our notes as part of our standard practice following a mediation session.
To ensure this confidentiality is maintained, parties must a Confidentiality Agreement prior to mediation and the mediator will remind parents of the confidential aspect throughout the process.
It is however, important to know there are some, limited exceptions to the mediator’s confidentiality obligations as a mandatory reporter. This relates to circumstances where a mediator is required to report to the relevant child protection authority if there was a risk of harm to either children or parties, but this will be explained by the mediator as part of the intake process.
Mediation is voluntary but also compulsory
There are certain exemptions as to the mandatory nature of mediation., but as a general rule before a parent can apply to the Court for parenting orders, the Court requires you to attend FDR and attempt to resolve your dispute. Once the parties have attended mediation, or if a mediator has determined that mediation is not suitable a section 60I certificate will be issued. This certificate is valid for 12 months and has to be attached to any application to the Court for parenting orders.
We here at Olive think this is a good thing, with backgrounds as family lawyers, as we know first hand that mediation can save parents time, money and stress.
Mediation is quicker and more cost effective
It can take as little as a few weeks (even a week if it is urgent) to arrange and attend mediation. It is also an extremely cost effective solution compared to litigation as you can see by looking at our fixed fee pricing guide.
On the other hand, Family Court litigation (formally known as the Federal Circuit and Family Court of Australia FCFCOA) takes on average 12-18 months to reach a full hearing and costs between $70,000 and $100,000 to get to the stage of final court hearing.
What about having a lawyer with me?
You do not need a lawyer to engaged in the mediation process, although you may choose to have one.
If you don’t have a lawyer, it is still invaluable to get legal advice on what parenting arrangements the Court may consider making, prior to attending mediation.
Similarly, if you reach an agreement at the end of mediation, depending on how you would like the agreement formalised, you may need a lawyer to prepare the necessary documentation (for example, if you wish to apply for Consent Orders with the Court).
Section 60(i) certificates can be important
After a Parenting Mediation, the Mediator may issue a section 60I certificate to the participants. A section 60I certificate will indicate whether or not each party made a genuine effort to resolve the dispute in the Mediation. This can be taken into consideration by the Court in determining whether or not to make an Order for one participant to pay some or all of the other participant’s legal costs.
Where Court proceedings are already on foot and the Court refers the parties to attend a private Mediation, after the Mediation, the Mediator must complete a Certificate of Dispute Resolution which indicates whether the parties made a genuine effort to resolve issues during the Mediation.
This Certificate is provided to the Court, but does not provide details of any of the communications or negotiations made in Mediation again maintaining the confidentiality that is crucial.
How do I find out more about whether Family Dispute Resolution is suitable for my parenting concerns?
The first step is to book in a mandatory intake session with one of our mediators, Mel or Kristal.
You can book a mediation intake by clicking the button below, which sets out the costs and process for booking an intake online.