All FDRP's are qualified but not all FDRP's are experienced.

According to the Australian Government Attorney-General's website, a family dispute resolution (FDR) practitioner is an independent person who helps people affected by separation or divorce to resolve their parenting disputes.

To be called an FDR practitioner, an applicant must meet the accreditation standards in the Family Law ( Family Dispute Resolution Practitioners) Regulations 2008.

Once accredited, a practitioner is required to meet specific obligations under the Regulations.

As with all occupations, qualifications don't always equate to experience.

The ranks of FDR practioners contain a wide range of mediators with diverse backgrounds and experience.

Some, particularly those with a background in the social sciences and therapy have many years of client contact and experience over the full array of interpersonal disputes and conflict resolution.

Others offer many years of mediation experience and  understanding of the nuances and subtleties of relationships.

I am reminded of the answer I was once  given from the highly skilled wood turner when I asked how long it had taken him to make the magnificent cedar cabinet complete with multiple pieces of inlaid glass. Without hesitating, the craftsman responded, " forty hours and forty years".

The benefit of experience gives practitioners an insight into people and relationships that a less experienced practitioner cannot be expected to have. 

Experience also gives practitioners the confidence and perspective to "tell it as it is", rather than tell parties what they want to hear.

Parties are well advised to consider the experience and background of mediators when choosing a FDR Practioner.

At Brisbane Mediations, all of our FDRP's are not only qualified but offer a wide background of talent and experience.

What could be more important than working out the future arrangement for your children after separation. 

Welcome news on Domestic Violence

Great to see that Malcolm Turnbull will make disturbingly high rates of violence against women his first order of business, declaring that the scourge had been overlooked for too long (SMH 24/9).

According to reports,duty lawyers will be employed at hospitals in domestic violence "hotspots"as part of a $40 million plus package fighting domestic violence.

$13.5 million will be spent over three years on "DV-alert"training for police,social workers,emergency department staff and community workers.

These are just some of the changes to be announced which would be welcomed by all concerned to halt the spread of domestic violence in the community.

Mediation Matters-Importance of the Mediation intake.

The intake is possibly the most important part of a mediation and can often determine or contribute to the ultimate success of the mediation.

The intake is a time set aside for the mediator to get to know a party and that party's perspective of the dispute.

It provides an opportunity for  the mediator to explain the process and to try to get to know the background to the dispute and the underlying issues that may be impeding a resolution.

Most importantly, it is an opportunity for the mediator to develop a rapport with and gain the trust of the party.This rapport and trust is an investment in the outcome.When things get tough in the negotiation the same rapport and trust will assist the mediator to guide the parties to an outcome.  Once the parties have trust in the mediator, the chances of a successful outcome increase as they are more likely to value any guidance that the mediator offers.

It is important that both parties feel that the mediator is listening and that they have been heard.

At Brisbane Mediations, we try to organise the intakes on a separate day, prior to the mediation itself.This enables parties to go away and mull over what the mediator has said before the mediation occurs.It also enables them to become familiar and more comfortable with the process before the actual day of the mediation.

Sometimes, it is not possible to organise the intakes earlier than the mediation day, however we consider it preferable to do so.

Another advantage of an earlier intake is that it enables the mediator and the parties to determine if mediation is the most suitable process for those particular parties and that particular dispute.Making an assessment of whether parties have the capacity to mediate is another important aspect.

Sometimes parties may want their legal representative to attend the intake and while this should never be discouraged, I generally tell each party that although their legal representative is present, it is really the party's opportunity to tell their story and for us to get to know each other. I usually say that by the end of the intake, I hope that the party not only understands the process but knows me and what I do better and that I have a good understanding of the party's perspective. Of course, while not stifling the party, the lawyer can often add vital information that assists the mediator.

The intake is also a good opportunity to ascertain whether there have been previous attempts to resolve the dispute and how successful those attempts have been. A mediator well known to me makes it his business to ask each party and, if present their lawyers, to say why they think that the dispute has not settled to that point.

Parties need to understand that their discussion with the mediator in the intake is confidential unless one or more of several exceptions apply.  These should be carefully explained, so that the party can proceed with confidence that what they say to the mediator won't be divulged to the other party without their permission.

In summary, the intake is a most important tool for the mediator and should never be undervalued.

New Queensland Domestic Violence Act

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.