Family Mediation

Family mediation, also known as Family Dispute Resolution (FDR) - is a structured process that helps families resolve their parenting or property disputes without the need to commence or engage in Court proceedings. Family mediation provides a safe and confidential space where parents (or other parties) can talk through issues with the support of an independent third party, a trained family mediation / Family Dispute Resolution Practitioner (FDRP).  Family mediation supports parents to make decisions that work best for their children and their families. 

There are many benefits of family mediation:

- Family mediation is child-focused, helping parents to remain focused on what is in the best interests of their children. It encourages parents to reduce conflict and make decisions that meet their children's individual needs. 

- Family mediation is cost-effective. It is often much cheaper than going through the Court system, reducing legal fees and the financial strain that often occurs during drawn-out legal battles. 

- Family mediation is faster. Court proceedings can often take many months or even years to be finanalised. Family mediation is quicker, helping families move forward with less delays and uncertainty. 

- Family mediation allows parents to stay in control of the outcomes where they can shape their own agreements rather than have a judge make final decisions for their family and children. Agreements can be flexible and tailored to suit families individual routines, values and changing needs. 

- Family mediation can strengthen co-parenting relationships. Family mediation can improve communication, build understanding, and lay foundations for future co-parenting. Ongoing disputes, conflict and Court proceedings can often strain relationships and have a negative impact of the wellbeing of their children. 

A Family Mediator, also known as a Family Dispute Resolution Practitioner,  is an impartial third party who facilitates and supports parents and/or parties to discuss their concerns and explore options to resolve disputes, particularly around parenting arrangements, property, communication, and other issues affecting children and family life after separation. 

A Family Mediator's role is to create a safe and neutral space for discussion, facilitate respectful communication, and to help clarify issues and options, all whilst supporting parties to focus on the best interests of their children. A Family Mediator does not give advice or make decisions for you. Instead, they facilitate an effective process that allows parents the opportunity to come to any agreements that work best for their children and families. 

In most cases, yes. The Family Law Act 1975 requires parents to make a genuine effort to resolve their parenting disputes through family mediation prior to commencing Court proceedings.

 In some cases, where there is urgency, safety concerns or a Family Mediator has determined that mediation is not the right process for you, family mediation may not be required prior to commencing Court proceedings. 

A Family Mediator will determine whether the matter is suitable for mediation after both/all parties have completed an intake interview. 

Once both/all parties have completed an intake interview, a Family Mediator will determine if family mediation is suitable, and if so, how it is best to proceed. Majority of family mediations facilitated through Brave Family Mediations are conducted online (unless invited to a space provided by a lawyer). A Family Mediator will determine whether family mediation is suitable to proceed with all parties in the same room or if a "shuttle" process may be more appropriate, that is, where the family mediator moves between two separate rooms to try and reach a resolution. 

No, you do not need a lawyer to attend family mediation with you. This is optional. 

It is strongly recommended and encouraged that each party obtain independent legal advice prior to attending family mediation. It is often helpful and important to receive advice from a Lawyer about how the law may be applied to your individual matters should you not reach an agreement. 

It is crucial that each party obtains independent legal advice prior to attending family mediation for property matters. Obtaining financial advice is also recommended. 

If family mediation is successful and parties are able to reach some agreements, your Family Mediator will outline different options moving forward, including proceeding with a goodwill agreement, a parenting plan or consent orders. Your Family Mediator will discuss the pros and cons of each option and next steps with you. 

If family mediation is unable to proceed or is unsuccessful, each party is able to request a Section 60I Certificate from your Family Mediator (FDRP). This certificate can only be issued by a Family Mediator / FDRP who is accredited with the Attorney General's Department. This certificate enables a party to make an application to the Court to commence proceedings. Brave Family Mediator's are accredited and can provide this certificate.

A Section 60I Certificate can also be requested in the case that a party has failed or refused to attend and participate in mediation.