Mediation

Mediation assists parties to resolve a dispute between them, by facilitating discussions in respect of the minor children. Mediation helps parties identify issues, clarifying, prioritising, exploring areas of compromise and generating options to resolve issues submitted. It is an alternative method of addressing disputes without resorting to litigations. It is an interactive neutral process, where specialized techniques are used to facilitate negotiations and communication. The Voice of the Child is determined in the process by exploring their views and wishes, which are taken into great consideration as described in the Children’s Act (from the age of 4 years old). The child interview also the allows children to participate in decision making and provides the parents with an opportunity to understand their world. Child interview is conducted by a trained professional specialising in child assessment.

The process of mediation is facilitated between biological parents, maternal families, paternal families, and any other person taking interest in the wellbeing of the minor children. Mediation can be facilitated through voluntary participation or a court referral. Mediation is aimed at addressing issue like, exercise of respective responsibilities and rights, access, and contact, minimising conflict and addressing trauma regarding the children’s future references. A family conference can be facilitated to address above mentioned issues by allowing grandparents, uncles, aunts, and any other person who is denied access and contact to assume their rights (e.g., In cases of deceased parents). The process of mediation results in a drafting of a parenting plan/ Parental and responsibility agreement and or a Memorandum of understanding. This document incorporates the agreement of the parties and is without prejudice. The document is then registered with the Children’s Court or The Family Advocate office, protecting the rights of the respective participants.

This service includes the following: