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.
Sunday, July 15, 2012
Would-be litigants avoid Family court backlog
15 July2012
Would-be litigants avoid Family Court backlog
Ordinary people are taking control of their legal matters in an effort to short-circuit the lengthy delays caused by growing backlogs in the court systems.
Would-be litigants are opting to avoid court waiting lists of up to two years by using dispute resolution services as a quicker, less expensive and more amicable alternative to Queensland’s under-resourced court system.
Dispute resolution centre Brisbane Mediations is offering free advice through a new initiative aimed at alleviating some of the Family Court’s backlog after recent reports that litigants were waiting up to a year just to have their disputes heard.
Around the table with Mike is a free initiative introduced by Brisbane Mediations where anyone can talk to an accredited family dispute resolution practitioner and psychologist free of charge to obtain initial advice on dispute resolution.
Private mediation services assist parties in reaching voluntary resolutions that can be formalised as a binding court order and, unlike courts, utilise psychologists, social workers, solicitors, barristers and accountants, who can reduce the stress involved in litigation.
Brisbane Mediations Principal Mike Emerson said by opting for a private mediation, people could schedule mediations at short notice and avoid the costly court process, which has seen families lose their homes to fund legal bills.
“Although private mediation does involve an expense, it is by far more financially beneficial to avoid the courts,” Mr Emerson said.
“Many people who have had no experience in dealing with the law don’t realise that there is an alternative that can resolve their case extremely quickly, often reaching an agreement by the end of the day.
“Private mediation can save you from putting your whole life on hold or having to subject yourself or your children to the trauma of preparing for, and giving evidence in, court.”
People wanting to explore mediation can access it through their lawyer or approach a mediation agency directly.
Mr Emerson said the Around the table with Mike initiative would help introduce people to alternative dispute resolution in a friendly and relaxed environment.
The initiative will be held on the first and third Wednesdays of each month from 4pm until 6pm beginning 18 July 2012.
About Brisbane Mediations
The Brisbane Mediations panel has over 30 registered family dispute resolution practitioners including psychologists, social workers, solicitors, barristers and accountants. Brisbane Mediations is able to handle a variety of mediations including relationship, financial, workplace, organisational and child-inclusive mediations.
Monday, July 2, 2012
Mediating to avoid 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.
Thursday, May 24, 2012
Separated parents who love their children but can't agree
Parents who love their children will always put their chidren first. Won't they?
What if they are separated and don't like each other very much? That shouldn't make a difference should it?
What if they both think they are putting their children first, but disagree on what represents best parenting in a particular situation?
Today's Courier Mail at p.20 (link below) points to a case in which a separated parent couple disagreed on what school their little fellow could attend,with the outcome that each tried to enrol him at a different school and the schools quite properly both refused to accept the enrolments because, presumably, the parents had "equal shared parental responsibility" for their child so needed to agree on this issue. Ultimately, the Family Court had to decide where their son would attend Prep.
The problem for this little boy was that he missed that exciting first day of school that many of us remember well into adulthood and he started school ten days late without friends he had made at daycare. Even more importantly, his parents demonstrated that they were incapable of resolving a dispute over a most important and basic parenting issue.
Unless separated parents are able to develop strategies to assist them in co-parenting their children, the children's futures risk being fraught with difficulties and they may suffer negative psychological impacts.
Help is at hand in the form of post separation parent training programs and child focused mediation to assist parents caught in the blaming culture of separation conflict to accept their separated status and responsibilities as parents and to move on in a cooperative manner - even if for no other reason than to give their children the best possible chance of growing up as healthy adults who achieve their full potential.
http://bit.ly/KVBVB9
Brisbane Mediations
What if they are separated and don't like each other very much? That shouldn't make a difference should it?
What if they both think they are putting their children first, but disagree on what represents best parenting in a particular situation?
Today's Courier Mail at p.20 (link below) points to a case in which a separated parent couple disagreed on what school their little fellow could attend,with the outcome that each tried to enrol him at a different school and the schools quite properly both refused to accept the enrolments because, presumably, the parents had "equal shared parental responsibility" for their child so needed to agree on this issue. Ultimately, the Family Court had to decide where their son would attend Prep.
The problem for this little boy was that he missed that exciting first day of school that many of us remember well into adulthood and he started school ten days late without friends he had made at daycare. Even more importantly, his parents demonstrated that they were incapable of resolving a dispute over a most important and basic parenting issue.
Unless separated parents are able to develop strategies to assist them in co-parenting their children, the children's futures risk being fraught with difficulties and they may suffer negative psychological impacts.
Help is at hand in the form of post separation parent training programs and child focused mediation to assist parents caught in the blaming culture of separation conflict to accept their separated status and responsibilities as parents and to move on in a cooperative manner - even if for no other reason than to give their children the best possible chance of growing up as healthy adults who achieve their full potential.
http://bit.ly/KVBVB9
Brisbane Mediations
Thursday, May 10, 2012
Mediation Facilitates Ongoing Relationships
Mediation facilitates ongoing relationships
Mediation is less likely to harm on-going relationships than litigation – commercial arrangements between suppliers and customers; parenting relationships between separated parents with mutual parenting responsibilities to fulfil; or working relationships between co-workers / workers and managers who have clashed in the workplace.
In mediation, disputing parties enlist the assistance of a neutral person (the mediator) to help identify issues in dispute and explore options and alternatives to reach an agreement that will accommodate their respective needs.
With litigation, however, courts review opposing versions of disputes and provide a decision based on the evidence in each side’s affidavits or stories about the dispute and what they say in court. The decision almost always endorses one view of a case and rejects the other, costs often being awarded to the successful party, thereby punishing the other.
Litigation by its very nature highlights and accentuates differences, with barristers’ cross-examinations exposing weaknesses in the other side’s version of events. Mediation on the other hand, looks for common ground and strives for agreement.
Litigation encourages a winner take all approach. Mediation looks for a win/win outcome.
Considerable damage is inevitably done to ongoing personal relationships (for example, between parents or between beneficiaries under a will) when each person, in seeking to have their version accepted, tries to destroy the other’s case. Similarly, in the commercial field, time in court is highly unlikely to engender an ongoing relationship – particularly when at the end of the day one party is the victor and the other the vanquished, left to pick up the pieces.
When a result is imposed by a court, one party may leave the courtroom happy and the other disgruntled and bitter. The trial process has most likely eroded the previous relationship even more and increased the chance that these people will struggle indefinitely to relate into the future – personally or commercially, as the case may be.
At Mediation, however, seemingly warring parties often shake hands or communicate in a genial manner at the end of the day, a copy of the signed agreement in hand as they leave. A result has been reached by consensus rather than by being imposed by a stranger.
Dignity has been maintained and the vestiges of a relationship remain intact with a chance of enrichment in the future. In the commercial arena there is every chance that the parties will continue their mutually beneficial relationship, particularly where they have found a solution which ultimately accommodates the needs of both.
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