The Role of Lawyers in Child Centred Mediation

An Evaluation of the Effectiveness of Legally Assisted Family Dispute Resolution

Corporate Snapshot

FMC was established in 1983

FMC services approximately 6,300 clients annually

FMC provides services from 18 locations across Melbourne and Gippsland

FMC Values Compassion

Optimism:

Professionalism

Empowerment

FMC accepts referrals for a broad range of services

Services Provided by

FMC

Family Dispute Resolution

FMC Areasof Practice

Supporting Children After Separation - Child Counselling

Relationship Counselling

Customer Support Service (Intake)

Relationship Education and

Groups

Family & Community Services

Family Relationship Centres ( 2 x FRCs)

CouplesCounselling

Financial Counselling

FinancialEducation

Family Law Services

Family Mental Health Support

Service

Family & Relationship

Services

Financial Wellbeing & Capability

Mental Health Support for Children, Teens &

their Families

Community Education

• Defined in Section 10F of the Family Law Act 1975 as a process (other than a judicial process) in which a Family Dispute Resolution Practitioner helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other.

• FDR or Mediation can assist in developing a Parenting Plan or a property / financial settlement

• Clients undertake separate intake sessions with the practitioner to determine suitability for mediation Parents attend separation information sessions Mediation sessions traditionally can take 2 hours

• The role of a mediator is to be impartial and ensure it is a safe and fair process

• This assists parents to communicate, generate options, proposals and negotiate

• Mediators assist writing up agreements

What is Family Dispute Resolution (FDR)?

• Historically lawyers have not been part of Family Dispute Resolution (FDR)

• Increasing numbers of organisations who provide FDR are operating a model of FDR where legal advice and assistance is available to each of the parents

• This is known as Legally Assisted Family Dispute Resolution (LAFDR)

• To ensure the families have the best opportunity to reach agreement on family law issues in the best interests of their children

• To fill the gap between FDR and litigation through the court system

What is Legally Assisted Family Dispute Resolution (LAFDR)?

• LAFDR provides legal advice and assistance to parents through the FDR process, and assists them in understanding their legal responsibilities

• Assist parents to reach agreement on parenting arrangements which promotes the best interests of their children

• Assist more vulnerable clients, particularly those who have experienced family violence

• Assist the FDRP to tackle more complex issues

• Assist in redressing any power imbalance between the parents

How Can LAFDR Assist?

• Increasing number of clients presenting with very complex needs who are very vulnerable

• High number of families experiencing family violence

• Awareness that these clients may not achieve outcomes utilising a more traditional method of FDR

• Ensures both parents receive legal support

• Ensures child centred techniques

Why LAFDR?

• FMC and Women’s Legal Service Victoria (WLSV) / Family Law Legal Service (FLLS) developed a partnership in 2014 to provide LAFDR to FMC clients

• FMC in collaboration with FLLS, developed and implemented LAFDR Guidelines for FMC staff. Professional Development was undertaken with FMC and FLLS on the new guidelines and procedure for undertaking LAFDR.

• The partnership is a collaboration between mediation and legal services and ensures the service is child focussed

• FMC also further enhanced partnerships with Community Legal Centres

Collaborative Partnerships

LAFDR is most suitable for:• Complex cases• Unrealistic expectations of court outcomes• Positional• Family violence

Benefits of LAFDR• Increases the likelihood of reaching agreements• Cost effective• Less stressful for clients

What clients is LAFDR suitable for?

Matters where LAFDR may be considered

Complex Issues

High Conflict

Power Imbalance

Mental Health Issues

Family Violence

Reality Checking

Best interests of the

child/ren and legal rights

Intervention Orders

• Initial screening of Party 1 by Consumer Support Services

• Assessment of suitability by FDRP

• Assessment of suitability Party 2 by FDRP

• Both parties attend Child-In-Focus group (separately)

• Conflict check by legal practitioners

• Legal practitioners check in with their party

• Pre-Mediation Review by FDRP

• Joint session with lawyers, clients and FDRP present

LAFDR Model

During the period November 2014 to 2015, FMC has undertaken 20 LAFDR cases with 40 clients. Of these clients:• 75% aged between 36-45 years

• 93% English is their main language

• 75% Australian born

• LAFDR has been undertaken in cases with interpreters

• 73% income is between $0 and $50,000 per annum

• 78% Intervention Order is in place

• 35% receive Centrelink benefits

LAFDR Evaluation – Client Snapshot

Client Demographics

English93%

Arabic3%

Persian3%

Punjabi3%

Main Language

$0 - $25,00045%

$25,001 - $50,000

28%

$50,001 - $110,000

23%

Over $110,0005%

Income

No78%

Yes22%

IVO

De-facto - Separated

38%

Separated but not divorced

35%Married

10%

Single or never married

8%Divorced

10%

Marital Status

• Since commencing LAFDR service delivery in November 2014, FMC has undertaken 20 LAFDR cases: Number of Cases: 20 (15 closed and 5 open) Number of Sessions: 25 Number of Clients: 40 Average Length of LFDR Session: 3 hours Number of Agreements Reached:12 (80%) Number of Certificates Issued: 4 (20%)

• The average number of LAFDR session per case is 1 and all cases involved 2 clients.

• The average length of a LAFDR session was 3 hours, which is 1 hour longer than a normal FDR session (average time 2 hours). Some cases require 2 session.

• All clients undertook a Client Experience Survey at thecompletion of the survey. The results were:

Client Evaluation – Outcomes

Follow up surveys of LAFDR clients were conducted 4-6 months after service delivery. All clients who had undertaken a LAFDR session and had consented to be contacted were contacted and a telephone survey undertaken.

20 clients participated in the follow up survey. Of the 20 clients surveyed:• 64% reported that the agreement reached was still working

• Clients who received a certificate were still undertaking court processes and they had no resolution or agreement

• 83% reported having better information about their options

• 82% reported managing issues with their children better

• 72% reported managing conflict in a more positive manner

• 79% reported they can achieve workable parenting arrangements

Client Outcomes – Follow Up

• “The people who ran the session were absolutely wonderful. It was a really positive arrangement”

• “They were a shuttle mediation. The process was fantastic, really well organised. Didn’t feel awkward at all.”

• “I would suggest to bring a calendar to the session to avoid confusion when creating care arrangements. As a result, my child was left at school late a few times due to my ex-husbands’ confusion with the schedule. Other than that, everything is working fine after the session.”

• “My wife changed her opinion and we ended up moving back in together and are very happy.”

Client Evaluation

• Mother, 24 years old, initiated mediation. She presented as anxious, had no family support and was lacking confidence. She believed she was able to stop Dad seeing their 3 year old daughter.

• Dad, 26 years old, reported a history of mental health issues and drug use, and had been an active part in his daughter’s life.

• Both parents presented as emotionally vulnerable due to the recent separation and their ongoing mental health issues

• Both reported experiencing verbal and emotional abuse during the relationship

• They were stuck in their positions

• Neither parent could afford legal expenses

Case Study

Two mediation sessions were undertaken:• Initial Session

Shuttle mediation Initial proposals very far apart Lawyers undertaking reality checking and supported

decision making process

• Second Mediation Occurred 3 months later Joint session, in same room Built trust in each other’s parenting ability Drug testing had been occurring Developed comprehensive Parenting Plan

Case Study

• Greater % reaching agreements. 80% LAFDR vs 60-65% for FDR

• Able to provide a service to vulnerable and complex cases who would otherwise be navigating court system

• Agreements = more positive outcomes for children, less conflict

• Often if these cases do not reach agreements, they don’t always continue with the court process and remain in conflict

Benefits

• How to make this a sustainable program going forward

• Funding for both partners

• More participation with Community Legal Centres and private lawyers

• Coordination of large number of participants

• Clients very receptive to LAFDR

• Higher number and more sustainable agreements reached

• Property and financial LAFDR (how to fund)

Learnings / Challenges

Thank You!

www.mediation.com.au 1800 639 523