Pathway to a Parenting Plan
It all starts with a phone call. Call us today on 1300 10 30 70 to discuss your situation and how to get the ball rolling. We'll provide a run down of the process and costs, take some general information about your situation and make a very preliminary assessment about suitability. If you're happy to proceed, the next step is the invitations.
1. Inviting the other party
We'll send an invitation to the other party via email or letter. Often it take a little time to get a reply, but a fair and reasonable opportunity to accept the invitation is necessary.
The FDR Regulation says we have to give the other party a reasonable opportunity to participate, and give a reasonable choice of days and times to attend.
When all parties have agreed to come to FDR, the practitioner must assess the suitability (and safety) of the parties to attend and to be able to participate equally.
The FDR Regulation says we have to give the other party a reasonable opportunity to participate, and give a reasonable choice of days and times to attend.
When all parties have agreed to come to FDR, the practitioner must assess the suitability (and safety) of the parties to attend and to be able to participate equally.
2. Intake Assessment
The FDR Regulations state that a practitioner must conduct an assessment to be satisfied that FDR is appropriate. This is done through individual meetings with each participant to allow the practitioner to assess each party's ability to negotiate freely. We'll consider any history of family violence, likely safety matters,. equality of bargaining power, risk to any child, and the emotional, psychological, and physical health of the parties.
When the intakes are complete, the type of session and the timing is sorted, its time to attend the mediation. The type of FDR session will depend on any risk factors identified during the intake.
If mediation is not suitable, or if one party refuses to attend, the practitioner will issue a s60I Certificate.
When the intakes are complete, the type of session and the timing is sorted, its time to attend the mediation. The type of FDR session will depend on any risk factors identified during the intake.
If mediation is not suitable, or if one party refuses to attend, the practitioner will issue a s60I Certificate.
3. FDR Mediation
In most cases, the mediation can take place face to face in a mediation room. You may have a support person or a lawyer with you, if all parties agree. Anyone who attends FDR will be bound by confidentiality agreement.
In cases where there is a history of violence, risks or other factors that may affect the FDR, the practitioner will develop a safety plan if it is appropriate to proceed. This may include recommending:
* Shuttle Mediation - where the parties are kept separated and the mediator speaks to one party at a time, alternating between parties to get through each issue.
* Remote Mediation - where all parties attend the session online via Zoom, Webex or similar, or over the phone, where the mediator can guide the conversation through technology.
* Legally Aided Mediation - where parties have their lawyer attend to assist with negotiations. The lawyer doesn't directly negotiate or participate in the FDR, they only advise to ensure the agreement complies with any legal obligations, and ensure you are able to properly express your wants and needs.
The goal of the FDR session is to come to an agreement about parenting issues and creating a parenting plan for the care of your children.
In cases where there is a history of violence, risks or other factors that may affect the FDR, the practitioner will develop a safety plan if it is appropriate to proceed. This may include recommending:
* Shuttle Mediation - where the parties are kept separated and the mediator speaks to one party at a time, alternating between parties to get through each issue.
* Remote Mediation - where all parties attend the session online via Zoom, Webex or similar, or over the phone, where the mediator can guide the conversation through technology.
* Legally Aided Mediation - where parties have their lawyer attend to assist with negotiations. The lawyer doesn't directly negotiate or participate in the FDR, they only advise to ensure the agreement complies with any legal obligations, and ensure you are able to properly express your wants and needs.
The goal of the FDR session is to come to an agreement about parenting issues and creating a parenting plan for the care of your children.
Outcomes
Throughout the FDR session, notes are taken to help draft a parenting plan. With co-operation and patience, an agreement can be written up and signed on the day. All parties will get a copy and will agree to be bound by it - that's the best case and most common scenario..
At the end of the session if you haven't covered everything you were hoping, or there are still some issues in disagreement, you can choose to book another session to continue the good work. Whether or not you decide to continue, we'll create a "Heads of Agreement" document which lists all the agreed points. This will help in future negotiations whichever path you decide to take.
When the session is complete, one or all parties can request a s60I Certificate that will be valid for 12 months.
At the end of the session if you haven't covered everything you were hoping, or there are still some issues in disagreement, you can choose to book another session to continue the good work. Whether or not you decide to continue, we'll create a "Heads of Agreement" document which lists all the agreed points. This will help in future negotiations whichever path you decide to take.
When the session is complete, one or all parties can request a s60I Certificate that will be valid for 12 months.
Different Ways We Conduct FDR Mediations
Although face to face FDR Mediation is preferable in most cases, not all can take place in person for various reasons, such as a risk of family violence or distance between parties. Sometime parties benefit form special assistance, or the complexity of the issues means alternatives need to be considered. All the ground rules are the same as face to face FDR Mediation, including confidentiality and courtesy.
Online FDR Mediation
Conducting Family Dispute Resolution online can be just as effective as being in the same room. It's particularly handy when the parties live far away and it would be inconvenient to travel for the day. Another advantage is there are no room hire costs.
Parenting Plans Mediation is set up to provide effective FDR session using a variety of common video platforms including Webex, Zoom, Google Duo, and MS Teams. Telephone conference calls can also be arranged in certain situations.
Parenting Plans Mediation is set up to provide effective FDR session using a variety of common video platforms including Webex, Zoom, Google Duo, and MS Teams. Telephone conference calls can also be arranged in certain situations.
Shuttle FDR Mediation
Shuttle mediation is where both parties are present at the mediation centre, but remain in separate room. The practitioner 'shuttles' between rooms to convey the negotiations, usually spending roughly 20 minutes each time. This method allows both parties to feel heard - it is most effective where the parties find face to face communication difficult, such as a long history or arguments, or where there may be an inequality of bargaining power.
Often in cases where there has not been a history or risk of family violence, the shuttle mediation turns into a face to face meeting, usually by the end when agreements are finalising. Then both parties are present to sign and receive their written agreement.
Often in cases where there has not been a history or risk of family violence, the shuttle mediation turns into a face to face meeting, usually by the end when agreements are finalising. Then both parties are present to sign and receive their written agreement.
Lawyer Assisted FDR Mediation
Lawyer Assisted FDR Mediation is commonly used where care arrangements and other current issues are complex, such as child relocation matters. Having your lawyer present allows you to take advice at the time to help discussions progress in a legally informed way.
The lawyers generally don't participate directly in the discussions and resolution of the issues, but they are there for support and you can take time as needed for legal discussions. The best part of lawyer assisted FDR Mediation is that there are two lawyers present to help draft the parenting plan.
The lawyers generally don't participate directly in the discussions and resolution of the issues, but they are there for support and you can take time as needed for legal discussions. The best part of lawyer assisted FDR Mediation is that there are two lawyers present to help draft the parenting plan.
Child Inclusive FDR Mediation
FDR Mediation for creating a parenting plan is, by default, child focused. That is, the practitioner helps parents look beyond their disputes and find the 'voice' of the child, focusing on their needs, without the children being present. However, child inclusive FDR brings the child into the discussion via a Child Consultant.
Child Inclusive FDR involves an additional step where a Child Consultant meets with the children to consult in an age and developmentally appropriate way. The children won't be asked to make any decisions - it is an assessment of children’s experiences of the separation and their relationship with each parent.
The Child Consultant then creates a report for the FDR practitioner to use in the process of the mediation. He or she will also briefly addresses the parents during the start of the mediation session so they can enter into discussions and negotiations being well informed.
This type of mediation is suited for children of school age or above. Often children feel they have been heard and relieved after they have been given the opportunity to express their thoughts to a neutral party.
Child Inclusive FDR Mediation does have an additional fee for the Child Consultant.
Child Inclusive FDR involves an additional step where a Child Consultant meets with the children to consult in an age and developmentally appropriate way. The children won't be asked to make any decisions - it is an assessment of children’s experiences of the separation and their relationship with each parent.
The Child Consultant then creates a report for the FDR practitioner to use in the process of the mediation. He or she will also briefly addresses the parents during the start of the mediation session so they can enter into discussions and negotiations being well informed.
This type of mediation is suited for children of school age or above. Often children feel they have been heard and relieved after they have been given the opportunity to express their thoughts to a neutral party.
Child Inclusive FDR Mediation does have an additional fee for the Child Consultant.
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© Copyright: LD Strachan. Parenting Plans Mediation
Office: Level 14, 239 George Street, BRISBANE CBD Phone: 1300 10 30 70 |
