Mediation

MEDIATION

The process can be tailored to meet the particular needs of the parties and their dispute. The preferred model is the facilitative model including a pre-mediation conference with each of the parties to acquaint them with the process and myself and identify preliminary issues to enable the mediation to proceed effectively. If considered appropriate and desirable, an evaluative model of mediation can be used. In that model the mediator is able to express a professional opinion about the issues in dispute. The mediation can be conducted with the parties alone or with their legal representatives. The mediation will have its best prospects of success if all parties can be together. If necessary or desirable, a shuttle mediation can take place. More information regarding mediation can be found in the information sheet Mediations, Some Common Questions and Answers on the link below.

FAMILY DISPUTE RESOLUTION

Before a parenting dispute can be taken to court, parents are required (with certain exceptions) to participate in Family Dispute Resolution (FDR) and make a genuine effort to reach agreement. Bruce is an accredited Family Dispute Resolution Practitioner. FDR is a specialised form of Mediation. Separate intake sessions with each of the parties are required to determine if the dispute is suitable for FDR. If assessed as suitable for FDR then a time is scheduled to proceed. If not assessed as suitable, the Mediation does not result in agreement or one party declines to participate then a S60I certificate can be issued and the dispute can be taken to court. For more information regarding FDR, a link is provided to an information sheet.

VENUE

Since the advent of Covid, we have all changed our work practices. Many held the view that mediations could only be effective if in person. Recent experience shows that mediations conducted online via Zoom are just as effective as in person and in some instances more effective. They have the added benefit of not having to travel or organise premises. Parties can participate from their own home or their lawyers offices. If an in-person mediation is required then it will be necessary to agree on a venue. Below are links to suitable venues or the legal representatives may provide their offices. The safety of all parties involved in the mediation is a priority.