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  • 1.  Mediation with just a touch of Common Sense.

    Early Adopter
    Posted 02-12-2020 12:44 PM
    Hi to all, and I must say it is interesting reading with regards to the different thoughts on Mediation with the optional benefit of common sense thrown into the mix. I have been an FDRP for 11 years now with 9.5 years with a major org as an FDRP and family group educator (Parenting Program) and now have my own practise, I always do my best for my clients by using a common sense approach and hope it becomes contagious within the process.  I could not tell you how many family mediations I have conducted, some with support persons involved, however only one with Lawyers as support persons for both parties.  In reality I learnt a lot about the necessity of being in control during the mediation process, e.g. (Lawyers doing what they are trained to do represent their clients and get to a resolution quickly.) In my opinion legal advice is paramount for clients deciding what to do and where to from here when a family is destroyed, especially from the children's perspective.  It was drummed into me at UNI, mediation is not counselling, since then I have come to realise the importance as a FDR  to recognise if clients are in a good place emotionally before attempting mediation. 

    One seminar I attended through Family Law Pathways, there were Lawyers, Barristers and FDRP's present and  I will always remember what a Legal Aid Lawyer said from the floor...As a lawyer conducting mediation I feel we lawyers need to be Bi-Polar.  That raises the question for me, who is really conducting the mediation,  the lawyer or mediator?? How difficult it must be for the lawyer to have to listen to a client instead of giving advice.

    Last year I completed my TAE cert 4 for the purpose of training FDRP's and it became very obvious to me that a big majority of students have in fact  completed a law degree and or are practising law.  I ask what is the current trend, are mediators being replaced? I am a family mediator with no desire to study law, I just want to support parents get the best out of their difficult situation for the kids and a better life for them.     



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    Robert Tilbrooke
    Tillys Mediation
    Alice River QLD
    407623522
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  • 2.  RE: Mediation with just a touch of Common Sense.

    I'mLinkedIn
    Posted 03-12-2020 05:44 AM
    Hi Robert
    Interesting read. I have only just started my FDRP career after a decade of working as an FCC Associate hearing family law matters. I knew very early on that I didn't want to practice law but wanted to use my experience of just listening to parties rather than being caught up in 'evidence' and the rules around that. So decided to be an FDRP. I completed my accreditation in October and jumped straight into my own practice. Loving it so far and hope that I can bring some common sense to the table 😊

    Tara

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    Tara Weir
    Principal FDRP
    Family First Mediation and Dispute Resolution
    St Marys NSW
    415076169
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  • 3.  RE: Mediation with just a touch of Common Sense.

    Posted 03-12-2020 06:29 AM
    Hi Robert

    Totally agree with your comments. It never should have been allowed that Lawyers were allowed to become Mediators as well. They have a totally different business concept and are trained to be adversarial rather than conciliatory.  The last Mediation I had with Lawyer involvement the Lawyers 'ran' the show. Or tried to. It was a consent battle to remain within the Mediation process particularly when the Lawyer insists on separate room mediation. The Mediator just becomes a messenger of sorts. Yes, Mediators are being replaced. Most Lawyers refer to a Lawyer/ Barrister Mediator, rather than someone in PP who is just FDRP. Many steer their clients away from Mediation and worse, I've had some clients tell me that their Lawyer told them "it was compulsory" for them to attend Mediation with their legal representative. (At a cost of $3000 or more for the day). When I've informed the client that they have a choice, they were, to say the least, annoyed. It's very unfair on the clients, who deserve the opportunity of forming a cost effective conciliatory agreement in a peaceful environment in the first instance. Come to the table with legal advice absolutely! I can't see it changing unfortunately.

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    Danielle Searle
    Principal
    Gold Coast Mediation & Resolution
    Burleigh Heads QLD
    416263972
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