did you know the best way to get a fair separation outcome?
A recent survey by the Australian Institute of Family Studies found that the group of Australians who were most likely to describe their separation outcomes as fair were those who used meditation – and the group least likely to do so were those who used the courts!
In some cases, the most timely and affordable way to resolve separation issues is to sort them out privately between the separating couple if there is sufficient amicability to arrive at genuine mutually agreed outcomes.
In most other cases, the most timely and affordable way to resolve separation issues is by family dispute resolution, or mediation, facilitated by a registered Family Dispute Resolution Practitioner with the aim of self-determination and staying out of court.
So before you need a Lawyer, you NEED a Mediator, because life is too short for court!
Family Dispute Resolution (Family mediation)
What is Family Mediation
When couples separate there are usually several matters that will need to be resolved in order to formalise their separation (and divorce, if they were married). Not all matters will be applicable to every separating couple and can include:
- a division of the assets and debts of the relationship – these are known as Property Matters
- a plan to provide for the care of, and decision making relating to, any children of the relationship – these are known as Parenting Matters
- an ongoing payment arrangement to manage continuing jointly-responsible costs such as child support and other child related expenses – these are known as Financial Matters
In most cases, the most timely and affordable way to resolve these separation issues is by family dispute resolution (FDR), or mediation, facilitated by a registered Family Dispute Resolution Practitioner with the aim of self-determination and staying out of court, because life is too short for court.
In the case of Parenting Matters, evidence that a mediation process has been attempted will generally be required to be supplied to the court before an application can be made to have the matter decided by a Judge. Therefore, mediation is generally considered as the required first step of resolution when children are involved, unless one of a limited number of exemptions apply.
FDR mediation is a faster, less stressful, more efficient and far more cost-effective way for separating families to sort out property, parenting and financial arrangements. Instead of decisions being imposed by a court, mediation empowers clients, with the assistance of a Family Mediator, to take control of the process and the outcome. The family mediator does not decide matters, but instead helps clients to discuss issues, look at options, and work out how best to reach agreement.
You can find lots more on our FAQs page.
Louise Millar-Hoffmann is a qualified and registered Family Dispute Resolution (FDR) Practitioner, also known as Family Mediator located in Melbourne and online. Louise helps separating parents, former partners and carers affected by relationship breakdown to reach their own agreements and to avoid, or end, protracted and costly legal and court action - because life is too short for court.
You can verify Louise's Family Mediator status by searching for her on the Australian Government Accredited Family Dispute Resolution Practitioner Register.
Next steps
- Find out about the Free Stuff (just scroll down to next section)
- Read more about the unique family mediation service OR
- Contact Louise to find out how she can help you sort out your separation the timely and affordable way
- Get your APOD discount (if you are eligible) - just enter the code into the contact form below
FREE STUFF: THE 6 STEP GUIDE TO SORTING OUT YOUR SEPARATION
This guide, prepared by Louise Millar-Hoffmann, Nationally Qualified Mediator and registered Family Dispute Resolution Practitioner is a valuable resource to the 6 vital steps to sorting out your separation the timely and affordable way because life is too short for court.
Louise's point of difference for Family Mediation
As the red section in the diagram below shows, many other family mediators use a costly and over-serviced model of family mediation, where participants must make upfront payment for services. However, in some cases the full service is not delivered either because the 2nd person (the invited participant) declines to participate or the mediator assesses the situation as not suitable.
These wasted expenses are eliminated in Louise's Blueprint to sorting out your separation the timely and affordable way (as shown in the blue section in the diagram below). In Louise's blueprint participants are only ever asked to pay for services that are assessed as ready to go ahead. If both participants wish to voluntarily participate AND Louise assesses the situation as suitable for mediation, then Louise's Blueprint offers you are very competitive market rate for family mediation.
Louise’s Blueprint for sorting out your separation explained
Step 1. Free no-obligation Meet-your-Family Mediator session
Who: You (the Presenting Participant) and Louise (Your Family Mediator)
Where: Online using web-based conferencing
How long: 15 minutes
Cost: Complimentary
What happens:
· An opportunity to meet Louise
· Explanation of the unique Family Dispute Resolution (FDR) process Louise delivers so you only ever pay for services that are assessed as appropriate and ready to go ahead
· Full explanation of all steps and costs
· Full explanation of a range of possible outcomes
Step 2. Risk-free Family Dispute Resolution Launch
Who: Presenting Participant (PP)
Where: Via email
How much: Small non-refundable deposit of $80 if your matter involves parenting or $50 if not
What happens:
· Complete the Risk-free Launch form with both your and the other person’s contact details
· Pay the deposit
· Louise will then contact the other person (the Invited Participant) and invite them into the family dispute resolution process including the opportunity to attend a free no-obligation Meet-your-Family Mediator session
· If the other person declines the invitation, the service ends. If the matter involves parenting, the Presenting Participant may request Louise to issue the appropriate Court Certificate at no additional cost
· If the other person accepts the invitation, we move to step 3
Step 3. Discuss-Your-Past-and Present session with the Presenting Participant (PP)
Who: PP and Louise
Where: Online using web-based conferencing
How long: 45 minutes
Cost: $200 inc of GST less the deposit already paid
What happens:
· Your Family Law Vital Statistics such as relevant dates and children’s details
· Any court or child protection orders in place
· How you are coping with the separation
· Other referrals that may be helpful to you
· How you might manage various family dispute resolution options
Step 4. Discuss-Your-Past-and Present session with the Invited Participant (IP)
Who: IP and Louise
Where: Online using web-based conferencing
How long: 45 minutes
Cost: $200 inc of GST
What happens: (as per the same session above for the PP)
Step 5. Assessment of suitability of Family Dispute Resolution
Who: Louise
Where: Desk-based assessment
How long: Within 5 business days of the 2nd of the Discuss-your-Past-and-Present sessions
Cost: Included in fees to date
What happens:
· If your situation is assessed as not suitable for family dispute resolution, the service ends. If the matter involves parenting either or both the PP and IP may request Louise to issue the appropriate Court Certificate at no additional cost
· If your situation is assessed as suitable for mediation, we move to step 6
Step 6. Plan-your-Future session with the Presenting Participant
Who: PP and Louise
Where: Online or one of many convenient locations across Melbourne*
How long: 45 minutes
Cost: $150 inc GST + $450 inc GST for Step 8 (see below)
What happens:
· Information about post separation co-parenting and the best interests of children principle (if applicable to your situation)
· Information about property pools and the full and frank disclosure principle (if applicable to your situation)
· Information about managing ongoing financial matters such as child support (if applicable to your situation)
· Your thoughts/proposals about co-parenting plans, dividing the property pool and child support including canvassing a range of options that you can live with
· Preparing for the mediation session including an outline of the session structure and how/where to obtain personalised legal advice prior to the session
Step 7. Plan-your-Future session with the Invited Participant
Who: IP and Louise
Where: Online or one of many convenient locations across Melbourne
How long: 45 minutes
Cost: $150 inc GST + $450 inc GST for Step 8 (see below)
What happens: (as per the same session above for the PP)
Step 8. Future-Focused-Joint-Family Dispute Resolution session
Who: PP, IP and Louise
Where: Online or one of many convenient locations across Melbourne
How long: 3 hours
Cost: $450 inc GST per participant as prepaid in Steps 6 & 7 above
What happens:
· Family Mediator Opening Statements
· Participants’ Opening Statements
· Establishment of an Agenda or Property Pool
· Exploration of future-focused issues and perspectives of each participant
· Brainstorming options or proposals
· Private sessions with the family mediator
· Further negotiation about proposals including reality checking
· (if possible) Agreement including basic documentation
Step 9. Beyond Mediation
There are several possible outcomes of mediation depending upon the circumstances and the participants’ wishes. These include:
· No agreement is reached within the timeframe; however, the participants agree to schedule another mediation to complete the discussions – this option also allows for the participants to obtain further legal and/or other relevant advice in the meantime
· No agreement is reached and there is no desire to schedule another session, therefore other dispute resolution options will need to be considered (check with your lawyer)
· Agreement is reached and the informal documentation at the end of the session is sufficient to allow the participants to implement the agreement themselves
· Agreement is reached and further/more formal documentation will be required. This may include:
o A request for Louise to document FDR agreements into a full Parenting Plan and/or Property Division Statement @$150 inc GST per participant per document
o A request for your lawyers to prepare documentation for application to the Court for Consent Orders (check with your lawyer regarding fees for this option)
o Agreement between the participants to self-manage the DIY Consent Order Kit available on the Family Court website
Step 10. Multiple Matters
You may elect to bring multiple matters to Family Dispute Resolution:
· Parenting Arrangements
· Property Division
· Managing ongoing financial matters such as child support
The fee structure for multiple matters is:
· The 45 minute Discuss-your-Past-and Present online session remains the same at $200 inc GST per participant
· The Plan-your-Future face-to-face session increases to 60 minutes; however, the fee remains the same @ $150 inc GST per participant
· The 3-hour Family Dispute Resolution session for Matter 1 remains at $450 inc GST per participant
· Any subsequent 3-hour FDR sessions for other Matters is discounted to $400 inc GST per participant
*Available Locations: Melbourne Eastern, NE, SE suburbs, CBD - additional meeting room hire costs applies and only when public health orders allow
In Louise's blueprint participants are only ever asked to pay for services that are assessed as ready to go ahead. If both participants wish to voluntarily participate AND Louise assesses the situation as suitable for mediation, then Louise's Blueprint offers you are very competitive market rate for family mediation of $800 per participant (room hire and agreement documentation additional)