Suitability

The Family Law (Family Dispute Resolution Practitioners) Regulations 2008 requires Family Dispute Resolution Practitioner’s to undertake an assessment in order to determine if mediation is appropriate in your circumstances. It is a crucial safety precaution and aims to ensure that you are able to communicate and negotiate freely in the mediation.

At your private and confidential Intake Session, your Family Dispute Resolution Practitioner will look to determine your ability to mediate and negotiate freely. A history of family violence, safety in relation to you or your child/children, your emotional, psychological and physical health, and if your ability to communicate is disadvantaged, will be discussed and considered. Your Family Dispute Resolution Practitioner wants you to be able to make a genuine effort in your mediation as does the law. However, Family Dispute Resolution Practitioners are bound by law and have discretion to deem that it may not be appropriate for you to proceed to mediation in your circumstances.

In some instances, it may not be the right time for you to mediate or you may need more time to put in place the right support structure before you attend your mediation. Your Family Dispute Resolution Practitioner will make a careful assessment of whether another Family Dispute Resolution model and process may be more appropriate in your circumstances. Your Family Dispute Resolution Practitioner will also communicate to you their decision regarding your suitability to participate in mediation after you and the other party have had the opportunity to individually attend your confidential and private Intake Session.