Family law in Australia has undergone a number of changes in recent decades, with the introduction of compulsory mediation for separated families being one of the most notable. Put simply, separated families who cannot reach agreement around a child matter are now legally required to make a genuine effort to resolve their dispute through family law mediation before asking a court to decide things for them (exceptions apply). Of relevance to this requirement is the fact that the overriding principles of family law legislation are now grounded in the rights of the child and the responsibilities of parents and care providers.

Mediation offers a neutral space in which parents and care-providers can discuss parenting and property issues with a view to developing a Parenting Plan or Property Agreement that best meets the changing needs of their family.

Family law mediators (also known as Family Dispute Resolution Practitioners) are legally obligated to remain impartial, provide information about family separation and create an environment in which parents and care-providers can speak openly and honestly about their family situation. All that is said in mediation remains confidential and cannot be used as evidence in any court in Australia (exceptions apply).

Mediation basically offers a way for families to remain in control of their family’s future.

Unless advised prior it is assumed that both parties pay their own costs of the mediation process at Northern Frontiers Pty Ltd.  Pre-payment for any booked sessions is required at least two days prior to a session.  If more than 2 (two) business days notice is not given for cancellation, or there is a “No Show”, a 100% charge applies with no credits provided.  If you have booked a session as part of the Family Law Mediation process, funds are not refunded for any time that is not used during a joint mediation session, for whatever reason.  It is at the discretion of the mediator as to whether a credit is issued.  Mediation pricing includes the preparation of a Record of Parenting Agreement when required.

Northern Frontiers offers a staged mediation process as follows:

Step 1: Intake session between Party A and the mediator. Permission sought to contact the other party and assess their willingness to mediate. If ‘Yes’ we proceed as follows…

Step 2: Intake session between Party B and the mediator.

Step 3:  Northern Frontiers Reception provides a number of available mediation session times over the next two weeks and confirms a suitable time with both parties.

Step 4: 1st mediation session facilitated by an accredited Family Dispute Resolution Practitioner (aka Mediator).

Additional mediation sessions may be required depending on the number of agenda items and progress made in the 1st mediation session.

The Mediator records any agreement made in the form of a Parenting Plan or Property Agreement. Both parties receive a copy of their agreement along with referral to legal advice and/or other services where assessed as appropriate.

In some circumstances the Mediator may assess your matter as ‘not appropriate for mediation’ and issue a s60I certificate.  This may occur at any stage of the mediation process. Because mediators are bound by strict confidentiality you are encouraged to direct any questions you may have about a S60I certificate to a family law lawyer.

Julie Hodge, one of Cairns’ leading family law lawyers, recently published a book called ‘Moving On – What you need to know about Separation and Divorce’ in the hope it may assist people affected by family separation as they move through the family law system. For more information, or to purchase a copy, please click here.