Family Violence, Intervention Orders and Mediation
Family violence is a common but serious issue that can be present when parties are navigating separation and family law matters. There are some circumstances where Intervention Orders are in place when parties consider participating in mediation.
The existence of an Intervention Order does not automatically prevent parties from participating in the mediation process. In many cases, mediation can still be facilitated with appropriate safeguards, following careful consideration of the circumstances and an assessment of whether the process is suitable.
As part of the intake and assessment process, I carefully consider whether mediation is appropriate, including any concerns relating to safety, power imbalances, communication and the ability of both parties to participate effectively.
As an FDRP with ongoing professional development in the areas of family violence and coercive control, the safety and wellbeing of everyone involved remains central to the decisions made about whether and how mediation proceeds.
Where mediation is considered suitable, there are a number of strategies that may be implemented to support a safe and balanced process. These can include:
Offering shuttle mediation, where parties do not participate in the same room and communication is managed through the FDRP. This may occur through separate rooms, separate locations (such as lawyer’s offices) or separate Zoom sessions.
Developing a safety plan with the affected person to identify any concerns and put appropriate measures in place before mediation occurs.
The role of the Family Dispute Resolution Practitioner is not to determine whether family violence occurred or make findings about allegations. Rather, the role is to assess whether mediation is appropriate, identify any risks and ensure the process is conducted in a way that supports safety, fairness and informed decision-making.
Any decision to proceed with mediation must be made carefully, with a focus on ensuring the process is appropriate, safe and provides both parties with a genuine opportunity to participate and have constructive discussions working towards resolving their family law matters in a supported and safe environment.
Blog - #2 What is Lawyer-Assisted Mediation?
Lawyer-assisted mediation can be an extremely valuable tool in family law mediation when used in the right circumstances.
This type of mediation involves both parties having their own lawyer involved in the process to provide legal advice and support throughout the mediation session. The FDRP remains independent and impartial, while each party’s lawyer assists them to understand their legal position and make informed decisions throughout the process.
I often recommend lawyer-assisted mediation where:
Parties are seeking to resolve their matter on a final basis.
Parties want to work towards a legally binding outcome with the benefit of legal advice throughout the process.
I consider that having legal advice available to parties in “real time” during the mediation session may assist them to navigate negotiations and understand the options available.
Lawyer-assisted mediation is not something I recommend in every matter.
From a cost perspective, having lawyers attend mediation does involve an additional investment, as both parties will generally have their own legal representation involved. However, for some matters, the value of having legal advice available at the time decisions are being made can be significant.
The aim is to ensure that parties are making informed decisions, understand the options available to them and have appropriate advice before reaching an agreement.
During a lawyer-assisted mediation, lawyers may assist in a number of ways, including:
Helping me prepare for the mediation by providing relevant information and documents beforehand.
Advising their client about offers or proposals made during the session and explaining the legal implications of different options being considered.
Communicating with each other throughout the mediation process to assist discussions to progress.
As the FDRP, my role is to remain independent and ensure the process stays balanced, respectful and focused on resolution. I do not advocate for either party or provide legal advice, but instead support both parties to explore options and have productive discussions.
Lawyer-assisted mediation is not always necessary, but in the right circumstances, it can provide parties with the confidence of having legal advice available while still benefiting from the mediation process.
