Family / Divorce

Pediatric Clinic Pediatric Clinic

Family Mediation

If you are considering court proceedings to solve issues over children you cannot resolve between yourself and your partner, whether in the context of separation or not, you need to know that you are obliged to attempt to resolve your differences through mediation and until you have done so and the mediator has provided a certificate stating whether a genuine attempt has been made to come to an agreement, you will not be allowed to issue court proceedings for a parenting order in the Family Courts.

Families come in a variety of shapes and sizes. The traditional nuclear family including a man and woman married to each other is still in the majority   ( 72.8% ) but defacto relationships and blended families now account for a substantial proportion of the total. Cultural differences produce different family structures including accentuating the importance of extended families. Mediators take account of differences and family mediation is a flexible process. Mediators must adapt to each family situation as they find it.  

Our nationally accredited mediators currently accept family mediation cases relating to all family issues including property financial settlements and parenting arrangements. If we are unable to accept your case we will refer you to a suitable and accredited Family Dispute Resolution practitioner.                                      

 

Family mediation is not just about separation and divorce. Differences can arise between any family members and over many different issues such as financial decisions, wills and inheritance, extra marital relationships, children from other or previous relationships or just breakdowns in communication and misunderstandings.

Family mediation differs from other mediations in that the mediator must do whatever is possible to preserve or restore relationships that are ongoing and important to the clients. Whether the mediation is about separation and divorce or other family issue there are usually continuing ties and obligations, most notably parenting children, that require the clients to work together effectively and without conflict for many years to come.    

If you have not already read the page outlining the differences and advantages of mediation over litigation, please do so.  ( The page headed ''More'' )

Family Mediation;

Creates a safe environment in which everyone can be heard equally and without interruption or abuse. This may be the first opportunity for some time for estranged family members to communicate with each other in a meaningful way. 

Allows each party to put forward issues for discussion and (with the assistance of the mediator) to agree an agenda for the mediation.

Whether the mediation results in agreement or not communication between the parties generally improves and that improvement persists in the long term with parents being able to discuss issues relating to their children in ways they could not before the mediation.

Estranged partners or other family members gain a better understanding of each other and specific misunderstandings can be resolved.

Post separation conflict is reduced and not continued through lengthy and expensive litigation.

The parties children achieve reduced post separation stress and separation anxiety in cases where their parents succeed in resolving issues in mediation. Litigation is a high stress activity not only for the parties but also for their families.

Mediation can be a learning and empowering process in which a partner (not always the woman) achieves increased competence in those areas of family life that had previously been left in the control of the other partner. This can be financial management, child care or the general management of a home pre or post separation.

Limited family financial resources are not wasted on litigation.

In a family situation the choice between litigation and mediation is '' a no brainer''