MEDIATION
What is mediation? Mediation is a confidential process facilitated by an independent and impartial third party to assist parties to resolve issues in dispute. In the family law context, mediation, also known as Family Dispute Resolution (FDR) or family law mediation, is an alternative pathway that separated parties may use to assist them to resolve both parenting and property settlement matters.
Kerril has been accredited with the Attorney General’s Department as a Family Dispute Resolution Practitioner (FDRP). In 2021, she completed a Graduate Diploma in Family Dispute Resolution. She is also a member of Mediation Institute.
Family Dispute Resolution creates an environment where Kerril, as the FDRP, provides a structured process, but it is the parties who are in control of any potential outcome and where any agreements are tailored and mutually agreed by the parties.
The FDR process consists of initial contact and intake; assessment of suitability; the FDR mediation conference itself; and documentation following an FDR conference.
As an FDRP, Kerril’s aim is to help separating couples navigate a new normal by empowering them to reach resolutions together that work for their family.
The benefits of mediation include:
Faster – mediation can occur in as little as three weeks whereas going through Family Court or lawyers can take significantly longer, up to 12-18 months.
Reduction in legal fees – where time is saved, costs are also reduced. Attending mediation early on can help reduce legal fees by tens of thousands of dollars.
Confidential – when parties attend mediation what is discussed between them is completely confidential. Where no agreement is reached it cannot be disclosed to the Judge or used in Court at a later stage (subject to limited exceptions to protect children or other people or property from significant risk of harm).
Fair – the Mediator must remain impartial and neutral throughout the process (so neither party can be forced to speak or agree, nor can the Mediator make a decision for a party).
You are in control of the outcome – the Mediator provides the process to support the parties to have the conversations surrounding the issues in dispute, but it is the parties who resolve the issues.
PARENTING MEDIATIONS
In parenting mediations, we ask parents to focus on the best interests of the child. Every child has the right to have a meaningful relationship that is free from harm with each parent. If parties wish to file in Court for parenting orders, then generally they will need to have first attempted mediation in order to be issued with a Section 60I certificate, which can only be provided by an accredited FDRP. Check out our FAQs for what issues can be discussed in your parenting mediation.
PROPERTY MEDIATIONS
In property mediations we ask each party to focus on their needs, concerns and interests in relation to the division of the assets, liabilities, and superannuation that makes up the property pool of the relationship. It is important that full and frank disclosure has occurred so that both parties understand the property pool. Parties should seek legal advice in relation division of property.
Kerril has the knowledge and is passionate about assisting separating families to find an alternative to litigation and looks forward to helping families mediate to resolve their outstanding issues in relation to parenting and property family law matters.
