Advantages of mediation over litigation for separated couples: navigating divorce smoothly

Going through a separation is undeniably challenging. When there are decisions to make about children, finances, and assets, finding the best solution can feel overwhelming. Increasingly, people who are divorcing are discovering the advantages of mediation over litigation for separated couples, offering a harmonious, cost-effective, and personalised approach. Mediation in the divorce landscape Mediation involves a neutral third party, the mediator, who facilitates communication between both parties to reach a shared agreement. This process is about collaboration, with the mediator ensuring discussions remain on track, without imposing decisions. Whether decisions concern weekend visits with children or property division, mediation is […]

2 children on a hammock

The Superior Outcomes of Child-Inclusive Mediation: A Mediator’s Perspective

As a mediator experienced in both traditional and child-inclusive mediation practice, I have witnessed how the inclusion of children’s voices can profoundly shape the process and outcomes of mediation. Research has consistently shown that child-inclusive mediation often results in more sustainable and satisfactory agreements than traditional mediation, benefiting both children and parents (McIntosh, Wells, Smyth & Long, 2008). Benefits for children of child-inclusive mediation The most immediate beneficiaries of child-inclusive mediation are the children themselves. In traditional mediation, children’s perspectives are often shared indirectly, filtered through the views and biases of the adults involved. However, child-inclusive mediation provides children with […]

A boy hugging a girl

Child-inclusive Mediation | A case study in success

How Child-Inclusive Mediation brought resolution for Lucy, Mark, Tim, and Rose When Lucy and Mark decided to end their relationship, they found themselves in a deadlock over managing how their new family would work. Despite their deep love for their children, five-year-old Tim and eleven-year-old Rose, conflicting viewpoints meant they hadn’t been able to reach an agreement in traditional mediation. Jennifer, their mediator, suggested an alternative: child-inclusive mediation. Lucy and Mark agreed to introduce Tim and Rose to a Child Consultant, Leanne, a highly trained professional who works with Untying the Knot and specialises in giving children a safe space […]

White people holding hands

Bringing a support person to mediation

If you’re participating in mediation you might want to bring a family member or friend to support you through the mediation. When can I bring a support person to my mediation? You can bring a support person to the mediation if everyone involved in the conference process agrees – including the other person involved in your matter and the mediator. Who is an appropriate support person at mediation This might be your current partner, a sibling or parent.  If your proposed support person has a difficult relationship with the other party attending mediation, think about whether it will be helpful […]

Disclosure in family law matters

Why is disclosure important in family law mediation?

Full and frank disclosure is crucial in family law matters, including mediation. Disclosure ensures all parties have access to accurate and complete information about each other’s finances. This information is crucial to make informed decisions about the division of assets, property, and financial support.  It’s also a legal requirement. If disclosure is not provided, what’s the risk? Consider the story of Mary and John…. Mary and John were a couple who had decided to separate. They had two children and had been married for 20 years. They both agreed that they wanted to avoid the stress and expense of going […]

s.60i Certificates and pre-action procedures in the federal circuit and family court of australia

s.60I Certificates and pre-action procedures in the Federal Circuit and Family Court of Australia

If you’ve done a bit of research about family law, you’ve probably read about section 60I Certificates but might not know what they actually are, and why they are important. If you want to apply for parenting or financial orders, there are certain pre-action requirements in the Federal Circuit and Family Court of Australia that must be met before proceeding with your application. Obtaining a s.60I Certificate is one of them if you want to apply for parenting orders. Genuine steps to resolve your dispute First, you are required to comply with the pre-action procedures for financial or parenting proceedings […]

what do I need to do to prepare for mediation

What do I need to do to prepare for mediation?

Mediation is a process that can help couples who are separating or divorcing to reach an agreement about the issues arising from their separation.  Those issues may include property division, parenting arrangements, child support, and spousal maintenance. Mediation is a less formal process than going to court and can often be quicker, cheaper, and less stressful for both parties. If you are thinking about mediation, it’s important to be prepared to make the most of this process. So, what do I need to do to prepare for mediation? Here’s a few tips: How to prepare for mediation To make informed […]

stay off social media during your divorce

Stay off social media during your divorce

Updated The passing of the Family Law Amendment Bill 2023 has significant implications for communications on social media about family law matters.  We have updated this post to refer to those amendments.  Divorce can be a difficult and emotional time for everyone involved. One thing that can make the process even harder is the use of social media. In today’s digital age, social media has become a significant presence in our daily lives, but it can also be a source of stress and complications during a divorce. In this blog post, we will explore the reasons why you should stay […]

social worker and mediator in mediation

What is the benefit of having a social worker in mediation?

In mediation, a social worker and a mediator can work together to help you reach a mutually satisfactory agreement regarding the care of your children or your finances. Here are some of the benefits of having a social worker in mediation, alongside the mediator: The biggest benefit of having a social worker in mediation? Their skills One of the most important benefits of having a social worker in mediation is that they can provide information and resources to help you make informed decisions about your children’s well-being. A social worker can assess your family’s needs and offer support and guidance […]

receipe for successful communication in mediation

What’s the recipe for successful communication in family mediation?

What’s the recipe for successful communication in family mediation? Ingredients You can’t have successful communication in family mediation without these key ingredients: You might not have the resources to source all the ingredients, but the more you have, the better your outcome will be. Think of it like a fruit cake. If all you have is flour, eggs, butter, and sultanas, it probably won’t taste as good as if you had a larger range of fruit and spices. Successful Communication in family mediation (the ‘Method’) So what do we do with these ingredients to maximise the chance of successful communication […]