Parenting mediations
Continuing in our mediation series, this week we look at parenting mediations.
Do I need Legal Advice?
Like property matters, there is no requirement to have legal advice before a parenting mediation. Many of our clients have attended a parenting mediation before they come to see us for the first time.
Speaking with a Solicitor before your parenting mediation can be very helpful. Your Solicitor can help reality test your proposal, offer suggestions, and make sure you have considered all relevant issues. Because we deal with parenting matters frequently, we can offer suggestions to issues that the parents may not have considered.
Your solicitor can also help you Identify the issues that are in dispute. This will help the mediation stay focused and help your chances of coming to an agreement. Because of the nature of parenting matters, it can be difficult for the parties to focus on the long-term goal of resolving the matter. Your Solicitor can offer an outside view, which will help you make a commercial decision about on inherently personal matter.
What is required?
Parties should exchange copies of the child’s medical or school reports, and any letters or drawings by the child that is relevant to any disputes in the matter.
It is recommended you consider what arrangements you're seeking before you attend mediation. Some relevant arrangements to consider include: -
Who will the children live with?
Who will have parental responsibility?
How will the children spend time with the other parent?
How frequently will the time occur?
How will the children travel from one house to the other?
What occasions are special for your family? Do you observe Christmas, Passover, Ramadan? Does your family do anything special for birthdays? Do you have a gathering of extended family members?
What time with the children spend with each parent for special occasions?
Would you like to go away for Christmas or Easter in the future?
Will the child be able to communicate with the parent they are not spending time with?
It is important that the arrangements you're seeking are fair for each parent and are in the best interests of the child.
How do you negotiate in a mediation?
There is no set structure to conduct a mediation and the mediator will conduct the mediation in a way that best suits the situation and circumstances of the parties.
Typically, the mediator will work through the relevant arrangements and give the parties an opportunity to discuss and negotiate each arrangement.
Outcomes
If the parties do not reach an agreement on all or part of the relevant arrangements, the mediator will issue each party a Section 60i Certificate. This certificate demonstrates that you've made a genuine attempt to resolve your parenting matter and is required before you can file an application with the Court.
Not all mediators can issue section 60i certificates so it is important to find a mediator that can.
If the parties do reach an agreement, the mediator will provide each party with a parenting plan. A parenting plan lists, in detail, the arrangements for the child that have been agreed to.
Please note: the information in this article is general in nature and is not legal advice. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors.