FREQUENTLY ASKED QUESTIONS

The mediation takes the following steps:

1. Introduction and Opening Statement by the mediator/FDRP and explanation of process;
2. Opening Statements of each of the parties;
3. Agenda setting by the mediator/FDRP including Identification and clarification of issues in dispute;
4. Exploration of issues in joint session;
5. Private and confidential sessions with each party and the mediator/FDRP;
6. Negotiation of future focused options in joint sessions;
7. Formalising agreements.

The intake session (also known as the pre-mediation) is essentially an information sharing exercise between the FDRP/mediator and each party separately.  It will take place via a phone call or zoom meeting and take about 60 minutes.  This will take place before you attend mediation.

The purpose of intake is to explain to you the FDR process, assess whether FDR is appropriate based on your circumstances, and answer any questions you may have.

These discussions are confidential (to the extent limited by the law) and the matters discussed will not be disclosed to the other party. 

A Parenting Plan is a voluntary agreement that covers the day to day responsibilities of each parent, the practical considerations of a child's daily life, as well as how parents will agree & consult on important issues about their children. 

A Parenting Plan is not legally enforceable, however you can apply to have them entered as  consent orders in the family court.

Your FDRP can assist parents to formulate a Parenting Plan that suits your requirements and it can be changed at any time to suit your needs.

A parenting plan should be practical and in the best interests of your children.

No, it is not the role of the FDRP/ mediator to give legal advice.  We recommend that you obtain independent legal advice before attending FDR. The parties have the right to obtain advice at any stage during the FDR process, and return to the FDR process if appropriate. In addition, at the request of a party, consideration may be given to the attendance of a solicitor during their FDR session to assist them during the process. 

Both the FDRP and the parties present must not disclose to any person any information disclosed during the FDR sessions.  

All communications in the FDR process are “without prejudice” and shall not be used in any court proceedings.

The FDRP is obliged under section 10H of the Family Law Act 1975 to not disclose a communication made to the FDRP whilst the FDRP is conducting FDR, unless the disclosure is made:

1. With the consent of the person who made the communication (if they are over 18); 
2. With the consent of each person with parental responsibility for the child or a court, if the person who made the communication is a child under 18;
3. To protect a child from the risk of harm;
4. To prevent or lessen a serious and imminent threat to the life or health of a person;
5. To report the commission, or prevent the likely commission, of an offence involving violence or threat of violence to a person or property;
6. If a child is separately represented by an independent children’s lawyer under an order under section 68L of the act – to assist the person to represent the child properly;
7. To enable the FDRP to undertake their role as a FDRP.