Randal's Blog - Family Lawyers & Mediation Services

Mediate Resolve Disputes

2011-01-26T14:21:00.000-08:00

Have a look at www.mediateresolve.com.au and www.familymediatorbrisbane.com.au to find out more about mediation and my services.

Flowers & Trees

2011-01-26T14:19:00.000-08:00

2011-01-05T15:24:00.000-08:00

I have recently updated some websites - check them out
Mediator Brisbane and Mediate Resolve

2010-12-10T03:40:00.000-08:00

Collaborative Law

2010-05-31T18:29:00.001-07:00

I am a member of Qld Collaborative Law - check out the website http://www.qldcollablaw.com.au/

2010-04-28T19:38:00.000-07:00

I have recently re-joined the Queensland Collaborative Law group - visit their website at www.qld.collablaw.com.au

2010-04-28T19:37:00.001-07:00

Check out my firms new website at http://www.flms.com.au/

2009-10-03T01:03:00.000-07:00

New Website for Mediation

2009-08-31T03:27:00.001-07:00

I have recently created a new website www.familymediatorbrisbane.com.au

Choosing a Mediator

2009-06-08T03:34:00.000-07:00

Make enquiries of the mediator you are thinking of engaging.

What training has he/she undertaken? The facilitative approach is a problem solving and interest based approach to mediation. Other forms of mediation styles are evaluative or directive. These styles are arguably not true mediation methods as rather than have the parties resolve their own issues with the help of the mediator the mediator "suggests" or "imposes" his point of view or opinion as to an acceptable solution or outcome. Isn't this what a Judge would do. Mediators are not judges and should not impose their opinions on the participants.

The facilitative approach allows the parties to control their own outcomes. Ask your proposed mediator what type of mediation training they have received and what type of mediation they conduct. Evaluative styles of mediation generally result in dissatisfied participants.

If the mediator you call uses an evaluative or directive style, or if they do not know what you are talking about, call another mediator who is able to effectively mediate using a facilitative approach. Remember it is YOUR mediation and your ISSUES which affect your life!

How many mediations has the proposed mediator undertaken?

Experience counts in mediation. An inexperienced mediator is unlikely to be able to guide you to agreement. Consider the type of mediations which he/she has undertaken. Family dispute resolution is very different to mediation of commercial disputes. Commercial disputes involve money not lives!

Talk to your mediator before engaging him or her. Does he make you comfortable? Is he confident? Is he someone you think you can trust and will listen to you?

I hope this is some guide and will assist you finding a mediator/family dispute resolution practitioner. Contact me to discuss your particular needs - vist our web site www.flms.com.au

2009-04-29T02:51:00.000-07:00

Family Dispute Resolution Training

I have just completed a further 5 days of training to remain qualified as a Family Dispute Resolution Practitioner. The training centred on facilitation of family dispute resolution in an enviroment where domestic and/or family violence might be present.

The training has given me further insight into how my practice as a mediator in the Family Law area (family dispute resolution practitioner) can best be utilised in a child focused way particularly where family violence has had an impact on the children.

Visit FLMS website for more information.

2009-04-29T02:33:00.000-07:00

Property Division when defacto relationships end - New laws for separating defacto couples.

Commencing from 1 March 2009 new laws commences which in a nutshell allow defafcto couples, including same sex couples, to have their property issues determined by the Family Court rather than state Courts (except for Western Australia and South Australia). In the Queensland context the new federal laws apply.

The new laws will allow courts to order a division of any property that the couple, own, either separately or together with each other. Superannuation will be able to be split in the same way as marriaged couples (since 2002). Spouse maintenance can also be claimed.

The new laws enable both property and childrens matters to be determined in family court system (childrens issues have been determined in this way since about 1996) where the parties are now either married or in a defacto relationship.

The new laws mirror those laws for married couples in most ways including being able to enter into financial agreements.

There are some complex issues arising under the new legislation (particularly in establishing whether a defacto relationship exists and you should contact my firm, Family Lawyers & Mediation Services to ascertain your rights and responsibilities under the new legislation.

What if you don't want to be a "defacto couple" and come under the new laws?

Well you can enter into a "financial agreement" under the Family Law Act which will determine how you want your financial realtionship to be dealt with in the event that you separate. I can think of many instances where two people might live together and not want to be taken as being a couple.

This is only a short intro and you should seek legal advice if you think the new laws will have an effect on you.