Frequently Asked Questions
A. Family mediation, also known as Family Dispute Resolution (or even FDR) is where an independent, professionally trained mediator like our principal mediator at Life Mediation, Lisanne Iriks , helps you and your ex- partner to work out an agreement for issues such as:
– Arrangements for your children
– Property settlement, the division of your assets and liabilities.
Family Mediation can also be used to help with other issues you might face, for example, your children keeping in touch with their grandparents, step families, or in-laws. Mediation can also be helpful when arrangements you have made before need to change, particularly as your children grow up and their needs have changed over time.
If you go to court to get arrangements in place, the magistrate will make the decision on what the arrangements for your children will be. You and your ex-partner run the risk that the decisions that are made for you are not the arrangements that either of you wanted. The reality is that going to court is a gamble and you do not know what the outcome will be.
In mediation you and your ex-partner have the opportunity to work out arrangements that work for everyone in the family, especially the children. You know your family best and are in the best position to make these agreements. In mediation no-one can or will make you do anything against your wishes. The mediator will help you find a solution which works for all parties and explain how you can make an agreement legally binding when you come to an agreement.
We cannot promise that you will come to an agreement but a lot of our clients reach an agreement without having to go to court.
A: – It gives you a say about what happens.
– It is less formal and stressful then going to court.
– When people come to an agreement often the conflict will settle down or will disappear altogether.
– It is in the children’s best interest if their parents make agreements together. Separation does not have to be harmful for children when it is managed well. Research tells us that entrenched conflict is harmful for children.
– Mediation is often quicker and cheaper than long drawn-out court battles.
At Life Mediation we offer a range of different mediation types including:
– Face to face mediation
– Online mediation
– Mediation regarding children
– Mediation regarding property
If you’d like to find out more contact us or apply online.
A. Family relationship centres do a wonderful job of assisting families in Perth and Australia.
In fact, many family relationship centres have a similar intake process to our own.
While both methods are excellent, we have found that many of our clients prefer the short waiting times associated with our private service.
People also appreciate having the same mediator for the entire mediation process. Unfortunately, family relationship centres cannot always guarantee you will have the same mediator.
We also conform to market pricing, making our mediation sessions very affordable.
A. Yes, we use Skype to conduct our online mediation sessions.
Documents can also be shared using this method, allowing us to provide a comprehensive mediation service. Please note that while we can provide online mediation it is not our preference. We prefer to work with you in person.
A. Studies indicate that when parties have a say in the agreements they make, they are more likely to keep them.
Courts recognise this and see great value in encouraging people to attempt mediation with a trained professional.
Of course, the Court also understands that mediation may not work for everyone.
In this case, your mediator can prepare a certificate that permits you to attend Family Court.
A. No. It is now law in Australia for parties to attempt mediation before attending Family Court for matters relating to children.
Your mediator will provide you with a certificate to attend family court if:
- Your mediator believes mediation is not appropriate for your situation.
- The other party does not want to attend mediation.
- An agreement cannot be made.
A. Yes. Paying a lawyer and the fees associated with going to trial far outweighs the cost of mediation.
The Family Court process is often lengthy when compared with the efficient mediation process.
A. Parenting plans are not legally enforceable until they are lodged with the Family Court as consent orders.
Some people choose not to lodge their parenting plan with the court. Your mediator can assist you with making a decision about this.
A. If your mediator determines mediation is not suitable for your situation, they will perform one or both of the following courses of action:
- Refer you to an appropriate alternative.
- Prepare a certificate allowing you to attend Family Court if the issue relates to children.
A. Your mediator will ask you to seek legal advice before and during the mediation process.
You do not have to do this, however we do encourage our clients to consider this request.
Speaking with a lawyer before lodging an agreement with the court can save you considerable money and time.
A lawyer can advise you on your chances of success in court, allowing you to make a more informed decision during the mediation process.
Seeking legal advice at your mediator’s request will still result in a more affordable service then going straight to the Family Court.
A. Yes. If you feel more comfortable having your lawyer present then they are welcome to attend if both parties agree to the arrangement.
A. No. Mediation is not required by law for property settlements. However, undergoing mediation prior to attending court has cost and time benefits.
Attending mediation cuts approximately a significant amount of time from the court process, allowing considerable savings on legal fees and court costs.
The court also looks favourably on parties who attempt mediation before going to court, whether mediation is successful or not.