Any type of family dispute can be suitable for Mediation, whether it is about parenting, child support, property division, spousal maintenance, or even other family issues between a parent and adult child.
Whether or not your client’s dispute is actually suitable for Mediation depends on a number of different factors which the Family Dispute Resolution Practitioner (FDRP) is required to assess prior any Mediation taking place.
Pursuant to the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth), before providing Family Dispute Resolution under the Family Law Act 1975 (Cth) an FDRP must be satisfied that:
(a) an assessment has been conducted of the parties to the dispute, and
(b) family dispute resolution is appropriate.
In determining whether Family Dispute Resolution is appropriate, the FDRP must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by matters including the safety, equality of bargaining power, and emotional, psychological and physical health of the parties. An FDRP may gather such information by having each of the parties complete a questionnaire, or attending an intake assessment (also known as a Mediation Preparation Appointment).
