Family Dispute Resolution Service

Fair Solutions for Separating Couples  

·                    What is it?

·                    How does it work?

·                    What are the benefits?

This Primary Dispute Resolution Service is funded by the  Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and Centacare Toowoomba

Separating or divorcing is nearly always a painful experience for the whole family. At a time when conflict is at its height and there is considerable emotional distress and family disruption, important and difficult practical decisions have to be made.

Changes to the Family Law Act make it complulsory to attend Family Dispute Resolution before making an application under Part IIV of the act.  This means that before making any application to the Family Court of Australia, the Family Court of Western Australia, or the Federal Magistrates Court regarding such issues as: parenting of children; how much time the children will spend with each of the parents; and how much time will be spent with other people, parents are required to attempt resolution through mediation.

The Family Mediation Service offers an alternative…..

MEDIATION
  

 Mediation is a mutual problem solving process for de facto or married couples who are separating. It is a process in which a trained, impartial third party helps the separating couple negotiate issues in dispute between them. It is a process in which the separating couple make their own agreement concerning the future of their children and their finances and property.

   Mediation concentrates on the future.

·                    Relationship decision making
         Separation/divorce agreements
         Review of divorce agreements

 Mediation may be used to negotiate separation issues such as:

·                    Living arrangements
         Parental responsibilities
         Time with parents and others
         Spousal and child maintenance
         Financial arrangement

Initially the parties are interviewed separately, and where appropriate the children are also interviewed by a separate psychologist. Then, the couple meet together with one or two mediators, usually for several sessions. Using an orderly procedure the parties are helped to:

·                    Identify and clarify matters of concern to parents and children and areas of agreement and disagreement.
         Review the individual needs and resources, financial and otherwise, of each family member.
         Develop plans which meet everyone’s needs as fairly as possible.

 The result of the mediation is a Parenting Plan or Heads of Agreement which includes all the decisions made by the couple.

The agreement is not legally binding. If the couple wish to make it so, they would need to consult their solicitors.

MEDIATION

                     Creates a supportive and constructive environment.
         Guarantees privacy and confidentiality.
         Maintains the individual’s dignity.
         Promotes communication between parties.
         Reduces emotional and physical distress.
         Controls costs.
         Teaches an effective way of resolving future conflicts.
         Emphasises childrens’ needs for love and support.
         In line with best practices as outlined by the Department of Family & Community Services, Department of Families,  Community services and Indigenous Affairs (FaCSIA) Centacare's Regional  Child and Family Dispute Resolution Service adopts a Child Inclusive practice.

Mediators are professional men and women with the knowledge, training and experience to help separating couples resolve their disputes. 

They use their skills to provide a framework within which the couple can work out their own agreement.

 Mediators are impartial. They do not make decisions for the couple nor provide legal advice.

It may be recommended that each party seek independent legal advice during the mediation process.

There are no time limits on when mediation can be used. It can be helpful before or after the couple separates and before or after the commencement of legal proceedings.

 No matter how bitter and complex the situation may have become, couples can be helped in mediation to resolve at least some of their conflict and difficulties.

 Mediation, however, isn’t suitable where it is likely to lead to unjust or unsafe circumstances. An assessment regarding the appropriateness will be made by the mediator.

 Fees are charged according to a sliding scale depending on income and are negotiable.
The Centacare Family and Child mediation Service is partly funded by the Commonwealth Department of Family and Community Services and Centacare.

 Appointments are made by telephoning or contacting:     

TOOWOOMBA FAMILY RELATIONSHIP CENTRE:
632 Ruthven Street, Toowoomba Qld  4350

(07)  4699 5444
(07)  4699 5460

frcadmin@tmba.centacare.org.au

It is possible to arrange early evening appointments.

ROMA: 
56 Bungil Street
Roma Qld 4455
(07) 4622 3998

CHARLEVILLE: 
3a Eyre Street
Charleville Qld 4470
(07) 4654 3680

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