Goldberg Family Law Mediation helps parents, former partners and carers affected by relationship breakdowns to avoid or end protracted, and often costly, litigation.
Family law mediation is a practical, faster, less stressful, more efficient and cost-effective way for separating families to sort out parenting and financial arrangements. Instead of decisions being imposed by a court, mediation enables clients, with the assistance of a Family Dispute Resolution Practitioner (FDR practitioner) or a Nationally Accredited Mediator, to take control of the process and the outcome. We help clients to discuss issues, look at options, and work out how best to reach agreement.
We facilitate two different models of family law mediation:
Family Dispute Resolution (FDR) under the Family Law Act 1975 including child-inclusive FDR
Mediation under the National Mediator Accreditation Scheme (NMAS)
As a private family law mediation provider, we can tailor both mediation processes to our clients' specific needs.
Since 1 July 2007, FDR, a form of conflict resolution, has been compulsory for anyone intending to make an application to court in relation to children (some exceptions apply). This is to encourage parents to try to agree on arrangements without having to go to court.
To make an application to court, the parent must provide the court with a “section 60I certificate” which states that they have attempted to resolve their dispute in FDR. To issue such a certificate, the FDR practitioner must be accredited by the Commonwealth Attorney-General's Department. If the other parent refuses or fails to attend, or attends but fails to make a genuine effort to resolve the issues in dispute, there can be legal repercussions including being ordered by the court to attend FDR or being ordered to pay the other parent’s legal costs.
If considered appropriate by the FDR practitioner and agreed by the parties, we can facilitate child-inclusive FDR and/or legally-assisted FDR that is non-adversarial and child-focussed, including as part of a collaborative dispute resolution process.
Although mediation is used predominantly to help families sort out final financial arrangements, if there are already parenting proceedings on foot or a section 60I certificate is not required, mediation can be used as an alternative to FDR.
Many family lawyers are more familiar and comfortable with this mediation model as it is commonly legally assisted.