Agenda
Family Law Amendment (Shared Parental Responsibility) Act 2006
New Objects Clause
Principles underlying the objects
2 mutually exclusive aims
Safety loses out
What was the domestic violence Pathway envisaged?
Origins of 2006 Reforms
Origins continued
Cont
Cont
Complaints by Men’s Groups
Pro-Contact Culture entrenched by 1995 reforms
2003 was about giving men more contact
Flawed consultation process
No appreciation of the extent of violence/abuse in the family law system
cont
Overall conclusion from statistics
Dv will be in a high proportion of FRC’s client base
FRC’s don’t have to exclude dv
Shared Parenting and domestic violence
Recent and rapid shift from this way of thinking
Shared Parenting where there is dv is dangerous
BIC are still paramount consideration
Family Dispute Resolution
Mediation on children’s issues
Who is a family dispute resolution practitioner?
Mediation as the key FDR Process
Is Participation in Mediation Mandatory?
Participation can be required even with an exemption
Applications for Exemption
DV and Mediation Screening
Violence and Mediation
Mediation: Some additional issues
Mediation: Some additional issues
Some Positive Perspectives on Mediation
Are these Models Realistically Relevant?
Providing Mediation Preparation
Mediation Process
Mediation Process
Mediation Process
Mediation Process
Mediation Process
Key preparation tool for exploration
Mediation Process
Mediation Process
Mediation Process
Tips for negotiating and communicating in mediation.
Important to Preparing Clients for Effective Participation
Conclusion
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