Help Available
Mission: To assist separated parents and family members make respectful and beneficial decisions about their children, elders, finances and property without conflict or abuse.
Available support
# After Separation care arrangements
# Care and support for Children
# Grandparent mediations
# Parent Plan
# Property
# S60i Certificates
# Elder Family Dispute Mediation and advice
FEES ARE KEPT LOW TO FACILITATE EARLY RESOLUTION IN THE BEST INTERESTS OF CHILDEN, PARENTS, GRANDPARENTS AND ELDERS
§ Full cost: Each client pays $250 for up to 5 hours contact and follow-up (see below for what is included).
§ Returning clients fee: $50 each per hour for a continuing or review mediation.
§ All confidential discussions between parties are conducted by telephone - no face-to-face contact, unless arranged by mutual agreement.
§ No lengthy wait-time. Times to suit clients – day and evening.
§ Service is available around Australia – all States and Territories.
Times can be arranged to suit client availability
Phone: 0422 33 1943
What is covered in the fee charged?
A) The first client to contact about family disputes: Clarification of options and mediation requirements; Agreement to participate; Telling your story session; Invitation to the other party; Preparation for mediation; Phone Mediation session; Issuing of s60i Certificate; Advice regarding options and how to achieve better outcomes if the other party refuses to participate; Typing and emailing of agreements reached at mediation.
B) The second client contacted and invited:Clarification of options and mediation requirements; Support offered for any concerns and questions; Agreement to participate; Telling your story session; Preparation for mediation; Phone Mediation session; Issuing of s60i Certificate; Advice regarding future options and how to achieve better outcomes; Typing and emailing of agreements reached at mediation.
Family Dispute Resolution (FDR)
Family Dispute Resolution
In Family Dispute Resolution phone sessions, clients, in their own safe environment, are able to discuss management and parenting matters and what is in their children's best interests. They may also wish to discuss property and asset settlement.
If the invited party declines to participate, a S60i Certificate may be issued which allows clients to seek legal advice to take matters to the Family Court.
Why do I have to attempt mediation (Family Dispute Resolution) first?
In accordance with Part VII Section 60Iof the Family Law Act 1975,from 1 July 2007, it is necessary for parties to receive a certificate from a registered Family Dispute Resolution Practitioner (mediator) in order to commence with applications for parenting orders in the Family Court. Certificates can only be filed within 12 months of the last mediation session or attempted mediation, as the issues in dispute may have changed after this time.
There are certain circumstances where certificates are not required - such as urgency, domestic violence or child abuse (for detailed information regarding these exceptions, visit the Attorney General’s site at http://www.ag.gov.au).
Mediators will assess the parties in dispute. If the mediator assesses that mediation will not be appropriate, then this will also be indicated in the certificate. If a party does not make a genuine effort or attend mediation, the court may take this into account and could order them back to mediation. The party who refused to attend may be ordered to pay a portion of the other party’s legal costs.
However, the purpose of the certificate is clear, i.e. to encourage couples to sort out their differences over children’s matters and property/asset division in the best interests of the children without automatically going to court. In mediation, clients make all the decisions with the mediator acting as a third party to assist them in their discussions and to make appropriate decisions. While all decisions and parent agreements are made in good faith and not legally binding, parties may wish to go further, after signing and dating their agreements, and have them made into Consent Orders through the Family Court Registrar. Consent Orders are legally binding on both parties.
To help clients understand the process, the steps below may help.
Step 1: Make the phone call or leave a message to call you back regarding any family dispute matter, to clarify your situation and request proceeding to the next Steps – 0422 33 1943.
Step 2: For the mediation process to commence, clients agree to deposit the full payment of $250.
Step 3: When the full fee is received, the Mediator phones the initiating client to begin the process: clarification of the processes and Family Law; completion of agreement to mediate form; telling of your story (Intake and assessment); the other party’s contact details; possible dates and times for phone mediation.
Step 4: Mediator phones the other party to invite them to participate in the mediation process; explanation of the process and fee agreed to be paid before proceeding further ($250 full
payment). If the party declines to proceed, or to pay the fee, possible consequences are outlined including a s60i Certificate being offered to the first party. (The initiating party will be given the choice to pay the other party's fee in order to proceed).
Step 5: Following payment by the second party, the mediator calls the second party and completes an agreement to mediate form and a telling of their story session (Intake and assessment); explanation of next steps; preparation for mediation; clarifying possible dates and times for phone mediation.
Step 6: Mediation conducted by telephone at a mutually agreed time and date – up to 4hrs of sessions.
Normally the mediator will phone and speak to each client separately and then call the other party and convey details/options/clarifications/agreements. This is called shuttle mediation. Any agreements are written down by the mediator and communicated to each party for endorsement.
Step 7: Final agreements are typed by the mediator and emailed to each party to action as agreed. A s60i Certificate, if required, is available upon request up to 12mths after mediation. These Agreements (good faith) can be staged to become Parent Plans (more formal but non-legal) or Parent Orders (legal document through Family Court Registrar – low cost) The mediator will explain the different processes .
# ELDER MEDIATION considers the rights of the older adult in family disputes, involving family and carers, clarifying care, healthcare, change of residence, safety, driving, finance, abuse, and other intergenerational issues.
Elder mediation
In Elder mediation, the mediator’s role is in supporting Elder clients to express their rights, in discussions with family and others, when wishing to make decisions about their everyday lives and care.
The mediator acts as a neutral third party to assist Elder clients, their adult children, grandchildren or carers to voluntarily resolve disagreements.
The mediator creates an atmosphere of safety and respect, listens to each participant’s interests and concerns, and encourages them to hear and understand each other’s point of view.
Elder Mediation may involve travel to the client’s home or care facility. There may be several meetings and involve older parents, adult children, and other family or carers who each have an interest in the matter. Some unresolved issues may date back years, even decades.
What are some typical Elder Mediation Issues?
· health care planning and medical decisions
· family business
· driving
· living and caregiving arrangements (at home, or in continuing care
· or long-term care communities)
· religious issues
· financial matters
· relationship issues (including intergenerational relationships, blended families, new marriages)
· end of life decisions
· guardianship
· abuse and neglect
· estate planning and wills
· ageist issues
· power of attorney questions
