Mediation and arbitration are different terms. Here is the basic definition of both.
Arbitration: In arbitration, a dispute is submitted after an agreement between both parties. It is given to one or more arbitrators, and they make the binding decision. The parties prefer private dispute resolution because they don’t want to go to court.
Mediation: In this process, the parties meet with a mutually selected person, and he tries to resolve their differences.
We will discuss the details of mediation in this article.
What is family mediation?
It is a discussion between a person and the parties to resolve their issues. It can be a friend or a family member; it can also be a professional mediator. The process of mediation is beneficial.
It usually involves only two people in conflict. The family members are called if there is a case of child protection. It can also include full family conferencing.
If this process is unable to resolve the issue, it goes to the court, the operation of the court process is lengthy, expensive, and stressful. The mediation tries to avoid reaching such a position.
The family law wants separated families to resolve their issues on their own, like caring for the children without going to court. It can be achieved in different ways:
- The parents should have a discussion.
- Ask a friend or a family member to help.
- Mediation with a professional mediator
- You can also go for the unique mediation process under the Family Law Act 1975. It is called the Family Dispute Resolution (FDR)
Family dispute resolution (FDR):
It is a particular type of mediation. FDR tries to resolve the issues of separated families. The families discuss their problems and try to choose a suitable option, also they focus on the needs of their children. Mediation is a cheap process for resolving the issues of separating families.
Australian families must attempt family dispute law before they go for family law court.
Family and domestic violence:
There are certain conditions which should be met before an FDR service can take on; it involves domestic or family violence. You should complete the intake process so the service provider can decide whether you are appropriate to get their service or not. If domestic violence is involved, Mackay family lawyers can arrange a separate room for both parties. So, they will not have direct contact. You can contact us to arrange such a conference where you can speak freely.
FDR practitioners:
If the family is unable to agree on parenting for the children after separation, they must consult an FDR practitioner.
The FDR practitioner is independent and trained in mediation and negotiation, and he is also specialized in family disputes. They are neutral, and they don’t prefer one party to another. They will encourage people to talk about their issues.
They are trained to work in a family law environment. They can respond to domestic and family violence. They can create a supportive environment. They create a safe environment which allows people to discuss the issue openly, and they can also disagree.
FDR services:
These services are available at:
- Family relationship centers
- Legal aid commissions
- Community-based family law services
You can contact Mackay family lawyers if you want services regarding family mediation. We have the best persons for family law mediation.
Parenting order:
Are you looking to apply for family orders? It would be best if you gave a try to family dispute resolution first.
Mackay family lawyers can help you in resolving your issues. We are well known for family mediation in QLD. You can trust us for family court mediation.
You should agree on something through FDR before you apply to the court. You should have a certificate from an FDR practitioner attached with the application of the court which states that you have attempted to go to a family dispute resolution. The document will get useless after 12 months.
You can apply to the court without the certificate if:
- If there is family violence
- If there is child abuse
- And if the situation is urgent
You don’t need to agree if you visit an FDR practitioner, you cannot be forced to sign any agreement. It would help if you got legal advice before making such a decision.
Property or financial issues:
Through FDR, you can resolve problems economically like property settlement, spousal maintenance or child support. If the parties agree on an agreement, it can be made legally enforceable by lodging it with the court.
If there is a need for property orders, the court can ask you to try FDR.
What if one party is not ready to go?
FDR is useless if one person is not ready to agree. In this case, you will have to apply to the court for dispute.
You will have to explain to the court that your partner did not agree to go for family dispute resolution. If you have applied for parenting orders, the FDR practitioner can give you a certificate which will show that you have completed the FDR process.
What if FDR is unsuccessful?
If unfortunately, FDR is unsuccessful, then you will need to apply to the court to resolve the dispute.
How much will it cost?
The cost of FDR depends on services. Some of them are free, and some charge fees according to the financial situation. Contact the service provider to know the amount.
Is there a need for legal advice?
There will be a need for legal advice:
- You or your children are facing any Domestic violence.
- You are thinking to attend FDR
- You want to be safe
- The children are not back from the visit with the other parent
- You believe that your partner can damage the property you have an interest in
- Your partner is not ready to participate in family dispute resolution.
Conclusion:
We have tried to answer the question “what is mediation family law?”. It is essential as it can resolve many issues. It will save you time, and it is secure and safe. You should go for mediation if you are facing a family dispute.
Frequently asked questions:
Let’s have a look at some major questions asked about mediation.
What is the procedure of mediation?
There are five major steps for mediation. These five steps are:
- Assemble mediation
- Opening sessions
- Communicate
- Set an agreement
- End of mediation
What documents are required in mediation?
In a mediation meeting you should bring all of the documents which are requested by the lawyer or the mediator. You should also take notes in a notebook.
What are the basic rules of mediation?
The basic rule of mediation is listening. You should carefully listen to the opinion of others. If you have something to say then wait for your turn.
Source: https://familylawyersmackay.com.au/what-is-the-primary-difference-between-mediation-and-arbitration/
