The new Queensland Domestic and Family Violence Protection Act takes effect on 17 September 2012.It was the last legislative Act of the Bligh government.
In the second reading speech on the legislation, the then Minister for Community Services and Housing and Minister for Women, the Hon Karen Struthers stated inter alia :
"The definition of domestic violence included in the bill is wider than the definition in the current domestic violence laws.It includes behaviour that is physically or sexually abusive; emotionally, psychologically or economically abusive; threatening or coercive; or behaviour that in any other way controls or dominates another person causing fear. By including this wider definition, the breadth of behaviours used to control and dominate in a relationship characterised by domestic violence will be captured. This means that police, magistrates, lawyers and members of the public will be more readily able to identify situations where domestic violence has occurred. This change is consistent with the views expressed during consultation and with the recommendations made by the Australian Law Reform Commission in its report FamilyViolence - a national legal response released in November 2010."
Mediators will need to be aware of the changes to Domestic Violence Legislation.
Tuesday, August 7, 2012
Monday, August 6, 2012
Child Inclusive Mediation
Child Inclusive Mediation provides a means of giving older school age children and adolescents a voice in situations of family conflict.
Usually a highly qualified and experienced child consultant (qualified social worker or registered psychologist) is brought into the mediation specifically to interview the children and to ascertain their views.This takes place separately from the mediation and can involve the child consultant spending one or more sessions with the children.The child consultant works to develop a rapport with the children and to elicit their views on issues involving them as part of their family.
The role of the child consultant is usually separate from that of the mediator.
After completing the sessions with the children, the child consultant is invited into the mediation to provide feedback on the children's views to help the mediator and more importantly the parents by providing a voice for the children through an independent and appropriately qualified person.
This way the children are not embroiled in the mediation proper, but are able to express their opinions and concerns.
Potentially the process cuts through the "he said.....she said" dilemma by going straight to the young people involved so their views can be heard.
The process is designed to enable separated parents to engage as part of a child focused team seeking the children's best interests and optimally, will assist them to tailor a solution accordingly.
The process offers many benefits in the right circumstances, but is not suitable if the parents are not mature enough to hear what their children have to say without responding inappropriately.
It is unfortunate if children are not able to provide their views without being subjected to negative repercussions by one or other parent.
Ultimately, it is for the mediator to determine whether a dispute is suitable for a child inclusive process.
Usually a highly qualified and experienced child consultant (qualified social worker or registered psychologist) is brought into the mediation specifically to interview the children and to ascertain their views.This takes place separately from the mediation and can involve the child consultant spending one or more sessions with the children.The child consultant works to develop a rapport with the children and to elicit their views on issues involving them as part of their family.
The role of the child consultant is usually separate from that of the mediator.
After completing the sessions with the children, the child consultant is invited into the mediation to provide feedback on the children's views to help the mediator and more importantly the parents by providing a voice for the children through an independent and appropriately qualified person.
This way the children are not embroiled in the mediation proper, but are able to express their opinions and concerns.
Potentially the process cuts through the "he said.....she said" dilemma by going straight to the young people involved so their views can be heard.
The process is designed to enable separated parents to engage as part of a child focused team seeking the children's best interests and optimally, will assist them to tailor a solution accordingly.
The process offers many benefits in the right circumstances, but is not suitable if the parents are not mature enough to hear what their children have to say without responding inappropriately.
It is unfortunate if children are not able to provide their views without being subjected to negative repercussions by one or other parent.
Ultimately, it is for the mediator to determine whether a dispute is suitable for a child inclusive process.
Mediation and Court Delays
One reason for using mediation is that unlike the court process, a mediation can be convened at any time to suit the parties.
Trials have become a very expensive process with courts under resourced and serious court delays resulting.These days it is not unusual for disputing parties to have to wait for a year or more to get a hearing.Particularly in the relationship area this is most unsatisfactory with parties having to put their lives on hold while they await a hearing.Sometimes it is necessary for properties to be revalued and other circumstances can change significantly.
Delays in getting a hearing are only part of the problem however as even after a final hearing parties often have to wait long periods for a decision.Courts do their best to avoid these delays, but they inevitably occur.As recently as last weekend there was a report in the Brisbane Courier Mail detailing delays in the Family Court and Federal Magistrates Court and the inpact they were having.
Mediation offers parties in dispute the opportunity to resolve their dispute without these delays.Mediation can be convened with little notice and scheduled quickly.Consequently because of the high success rate of mediation, parties often resolve their disputes without the delays associated with court proceedings.Apart from being organised quickly, there is no waiting for an outcome, as if parties are able to reach a resolution, then they usually leave with an agreement which can be formalised in a court order.
Parties can access a mediation through their lawyer or approach a mediation agency directly.Some mediation agencies have waiting lists, however private mediation services can usually schedule mediations at short notice and of course with these services lawyers are usually welcome to attend so the parties have ready access to their legal advice in the course of the mediation.At Brisbane Mediations, we have over 30 mediators on our panel so there are no delays in scheduling mediations and lawyers are always welcome.In fact we generally find that lawyers are very helpful in achieving an outcome at the mediation.
The ability to convene mediations at short notice is one of the distinct advantages of mediation.Furthermore mediation has the flexibility of not having to be convened within court hours and the saving to the parties both in terms of costs and emotional distress is enormous.
Trials have become a very expensive process with courts under resourced and serious court delays resulting.These days it is not unusual for disputing parties to have to wait for a year or more to get a hearing.Particularly in the relationship area this is most unsatisfactory with parties having to put their lives on hold while they await a hearing.Sometimes it is necessary for properties to be revalued and other circumstances can change significantly.
Delays in getting a hearing are only part of the problem however as even after a final hearing parties often have to wait long periods for a decision.Courts do their best to avoid these delays, but they inevitably occur.As recently as last weekend there was a report in the Brisbane Courier Mail detailing delays in the Family Court and Federal Magistrates Court and the inpact they were having.
Mediation offers parties in dispute the opportunity to resolve their dispute without these delays.Mediation can be convened with little notice and scheduled quickly.Consequently because of the high success rate of mediation, parties often resolve their disputes without the delays associated with court proceedings.Apart from being organised quickly, there is no waiting for an outcome, as if parties are able to reach a resolution, then they usually leave with an agreement which can be formalised in a court order.
Parties can access a mediation through their lawyer or approach a mediation agency directly.Some mediation agencies have waiting lists, however private mediation services can usually schedule mediations at short notice and of course with these services lawyers are usually welcome to attend so the parties have ready access to their legal advice in the course of the mediation.At Brisbane Mediations, we have over 30 mediators on our panel so there are no delays in scheduling mediations and lawyers are always welcome.In fact we generally find that lawyers are very helpful in achieving an outcome at the mediation.
The ability to convene mediations at short notice is one of the distinct advantages of mediation.Furthermore mediation has the flexibility of not having to be convened within court hours and the saving to the parties both in terms of costs and emotional distress is enormous.
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