WHY MEDIATION

The Law

From July 2006, Family Law in Australia underwent a radical change.  One of the changes directly affects family break-ups, where separating parties need to negotiate and reach agreement on their children’s wellbeing and futures.  Often, at times of high conflict, these parties have approached the Family Court for assistance.

A better way

It is now law that before parties can go to the Family Court of (Western) Australia, they must first make a genuine attempt to resolve their issues through mediation. This will alleviate lengthy Court delays and reduce the overwhelming backlog of cases clogging the courts.

Family Relationship Online

The Government established Family Relationship Online, an online website providing information to parents and/or other parties who are in the process of separating.  ‘Relationship Centres’ have been set up in Joondalup, Midland and certain other areas, where mediation is provided.  But parties are also free to seek registered independent mediators in private practice.

How it works

Parties who wish to file papers regarding parenting issues in the Family Court must provide a Certificate issued in terms of Section 60I of the Family Law Act of 1975, as amended, indicating that they have attended mediation with a registered Family Dispute Resolution Provider, and made a genuine attempt to resolve the dispute.  The Provider will issue a Certificate validating their attempt and confirming the result reached.  If the parties have agreed, their agreement can be filed as Consent Orders.  If the parties have failed to agree, but the Provider verifies that their attempts to do so were genuine and in good faith, the Family Court will allow papers to be filed. It is envisaged that these Certificates will also become necessary where the dispute is solely about division of property.

Vivienne Wolff

Vivienne Wolff is a registered Family Dispute Resolution Provider, and is certified to provide the required Certificates.  

Separation and divorce - The issues and challenges

This is never an easy time. With emotions running high - anger, sadness, loss, bitterness, resentment. You name it, you feel it. There is anxiety about the future, both emotional and financial.  Sadly, children get caught up in the mess. They feel confused, guilty, often finding themselves at the centre of most fights and blaming themselves for the split.  Children need emotional support and guidance to help them get through it all.

Keeping your children in focus

Often the level of emotional stress makes it difficult for people to find a way forward in their separate but linked futures.  Any mention of the children leads to heated arguments and an inability to see reason. Mediation will guide you to focus on your children and what is ultimately best for them, at the same time helping you to avoid conflict escalation when the really tough issues are raised.

Keeping financial and emotional costs down

Mediation avoids lengthy and costly legal battles. At a time when there are no winners or losers, mediation aims to achieve a resolution that both parties can work with. Retaining control of the outcome is far better than handing your case over to a Judge or Magistrate, and living with whatever rules a court order imposes on you.

Time for mediation

This is the perfect time for an independent, unbiased mediator to step in and help you to establish and identify your needs for the future, communicate those to the other party without animosity and friction, and enable you to work together, in the best possible way, in the best interests of yourselves and your children. More than anything, children want their parents to get along. If they can’t have first prize of Mum and Dad getting back together, an amicable relationship is the next best thing.


It’s your life, they’re your children

That’s why it’s so important and empowering to remain in control of the decisions reached.  The mediator will help you to establish a working relationship with each other. You’ll gain the communication tools needed to cope with new issues as they arise. With the mediator’s help, you’ll resolve your differences, achieve a resolution, and find a way to deal with the necessary changes with a sense of balance and reason. Achieve this and your children will benefit enormously.