Process
What to expect from the process
Pre-mediation appointment (intake)
This is where you and and your mediator talk about any concerns you might have and what has been happening. There are some cases where FDR is not the most appropriate way forward. This usually one hour conversation, can help to determine if this is the case. During this time, I will also explain how mediation works, the time frames and how to prepare for a joint session. In some cases of family violence mediation may not be appropriate.
Once I have established that FDR is suitable, I will then contact the other party to ask if they are also willing to participate. Mediation is a confidential and purely voluntary process. If they decide to participate I will have a private intake session with them also.
It is important to note that with any parenting matter before you can initiate any Court action, such as filing an application, the Family Court will need to see that you have attempted family dispute resolution. You cannot file an application without a section 60i certificate. We are able to issue Section 60I certificates, where appropriate, under the Family Law Act.
Joint Sessions
These sessions usually take around 3 hours. It is altogether possible that the one session is not enough to resolve all of the issues and if this is the case, which is very common, we will meet again for another session.
My role as a mediator is to facilitate the session and I remain neutral at all times. You will both be given an opportunity to speak. Mediators do not take sides but we are there to guide you both through. This is where you both discuss the proposals and/or issues that you have and begin the process of negotiation.
I will always bring your focus back to the ‘best interests of your child or children’. It is important that you arrive with an open mind and a willingness to negotiate. This is not about win or lose but rather ‘what can we do to make our children’s and/or our lives happier and easier moving forward in our new- found situation’.
You also have the option of a legally assisted mediation if you wish. This is where your lawyer attends the mediation. Again this is something that we can discuss in your private session to determine if it is necessary in your particular circumstances.
A shuttle option is available as needed.
Dispute Resolution (Case Management Mediation)
Dispute Resolution Case Management Mediation (DRCMM) is a step in the court process when the parties are ordered to attend mediation. In preparation, you will forward all relevant information (including reports and affidavits submitted court) to the me for review via email prior to your intake session.
At your DRCMM intake session, we will explore the main concerns that you have.
When we commence the DRCMM, you and the other party will appear together in person or online and be guided through your respective concerns with the highest level of support, respect and consideration. The focus is on clear communication to ensure that you and the other party have a higher degree of control over the outcome in your case.
Shuttle options are available as needed.
Child Inclusive Mediation
Child Inclusive Mediation follows the traditional path of mediation with an additional step. Consulting with the child to hear their views, experiences and wishes can assist in formulating parenting arrangements that balance what the parents would like while also being supportive of the child.
Another benefit of consulting with the child in the mediation process is that it allows both parents to receive independent professional feedback about how their child is coping with the family separation.
Parents often find that they are able to negotiate more objectively during the family mediation process because they have information which allows for more focus on the child’s needs.
There are two consultations with the child. Both session are voluntary and confidential between the child and mediator/child consultant. For families with multiple children, each willing child will be consulted as a sibling group and as individuals.
If necessary the child consultant can meet with both parents individually or together at the one time..
Mikadie has a unique ability to be objective, neutral, professional and caring all at the same time. She helped me during an extremely difficult time, when I had to negotiate terms of a relocation for me and my children. Mikadie’s careful and child-focused guidance was no less than invaluable. The amount of work she put in and her attention to detail was well beyond the norm. I couldn’t recommend her services more highly.
- Scott W.