Our Areas of practice
Family
Family Dispute Resolution (FDR) - mediation
Family Dispute Resolution allows for separated or divorced parents, to develop post separation parenting plans in a co-operatve environment, without having to resort to costly, timely and stressful litigation. Parenting plans reached in FDR can easily be turned into consent orders that are legally binding.
Family Dispute Resolution is also used to review existing consent orders or parenting plans which are outdated and are now less relevant due to changes in the lives of your children or yourselves.
Parenting plans made through family dispute resolution is often less acrimonious and litigious than couples that separate less kindly.
Most importantly, this results in better outcomes for the children of the relationship.
Pre-Separation Mediation
If you are a couple that may be considering separation then Pre-Separation Mediation gives you the opportunity to make new agreements about what each of you needs to separate respectfully. It is not considered counselling but rather a short-term, future-focused process that gives the parties a structured plan that you have developed together.
Some examples of agreements that can be developed from the pre-separation mediation can include:
- rules around acceptable communication
- how to protect the children and what to tell them
- interim financial agreements
- who sleeps where - for now and for how long?
- decisions about when and if to get legal advice
- rules to resolve future conflict
Mutual agreement from both parties is required and a clear understing by both parties so no one person feels the other is doing something without their knowledge or consent.
Family Mediation
Family Mediation is a voluntary process and assists in resolving conflict between family members including extended family. Our accredited family mediator acts as a neutral 3rd party, who will help you to identify and work through issues in a respectful and safe environment.
NEED ASSISTANCE WITH A FAMILY DISPUTE
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Property
Property Mediation
Making decisions about property and the finances after a separation can be overwhelming, For many, separation could have been on the cards for some time and for others it may comes as a complete shock. Post separation there are many thigs to consider, manage and plan for.
One of the key considerations is living arrangements, and given that there are no rules as to who should move out it makes this time quite stressful. You also need to consider who will be the primary carer of the children and your financial circumstances.
Once you've sorted this then you can start considering the property and finances as the collective 'asset pool'. As mediators, we believe that you should be able to negotiate a mutually acceptable property agreement.
What is a Property Agreement?
Simply put, it is a document that outlines how property and finances will be split between the parties.
There are many advantages to mediating your property and finances, which include:
- reduces legal costs
- avoids the rigid arbitrary court environment
- allows for a prompt resolution
- likely to have less emotional impact on children
- less emotional impact on you
How do we negotiate a property agreement?
Property Agreement are best negotiated using FDR (family dispute resolution) with advice from your legal practitioner, accountant and financial advisor where necessary. Redcliffe Mediation can assist you in finalising a property agreement.
A property agreement can be negotiated at any after separation, even before the divorce is finalised. The document can later be made into a legally binding court order when lodged with the court.
Sometimes parties cannot agree at a mediation, and there are other options which include the advice and engagement of family costs, which may involve greater time and expense for resolution.
NEED ASSISTANCE WITH A PROPERTY SETTLEMENT DISPUTE
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Inheritance
INHERITANCE MEDIATION
Contesting a will
When a person contests a will, this means they are making a family provision claim, which is an application to the Court to seek adequate provision from the Estate of a deceased person. This occurs when a person feels they have not been adequately provided for by the deceased.
Our mediation service is a common method to resolve estate disputes. In a nutshell it is a private meeting that takes place between the executor of the estate and the complainant. Mediation is accepted as a positive alternative to going to court when in any type of dispute.
Attendees
Generally, the person that contests the estate distribution will attend with their support person (legal practitioner) to represent their interests in addition to the executor of the will, accompanied also with their legal practitioner. The mediator will also be present in the mediation to act as the independent 3rd party.
The mediation process
Mediations are generally held face to face in a ‘conference room’ rather than a court room. However it is generally dictated by the mediator, taking the circumstances of each party into account.
At commencement of the process, the parties’ lawyers begin by making short opening statements to the mediator, explaining their clients position The mediator then explains the purpose of the mediation to each of the parties, and goes through the associated costs should the mediation cease and the matter proceeded to the courts and the mediator generally finishes their opening by encouraging the parties to try and resolve the matter then and there.
We as mediators are a completely independent third party and we simply present to guide the discussion and to ensure the proper process is followed, we do not set the agenda. We will remain impartial and we have no authority on any decisions regarding the settlement, our role is simply to encourage different viewpoints in the hope that they will reach a mutually agreeable solution.
When we have finished our statements, the parties then move into separate conference rooms and offers of settlements are exchanged through the mediator until the matter is resolved or the parties decide to terminate the mediation
If a solution is reached, the settlement is reduced to a written agreement, acting as a binding agreement between the parties. The dispute these comes to an end and settlement monies are paid out.
Where the matter does not settle, then the complainants lawyer is likely to pursue the matter before the courts.
Why is mediation becoming so common?
Redcliffe Mediation believes that our process is better than the court process due to:
- Control: Parties have greater control over the proceeding as the parties determine the issues and are able to fully participate in the resolution
- Cost An agreement at mediation can give the parties finality. Parties sign a binding settlement agreement which results in a prompt and cost efficient resolution
- Confidentiality: Mediations are confidential, whereas during the court process all speech is public record
- No win/lose mentality: During mediation there is no winner as in the court system. The key target is to achieve the interest of both sides creating a win-win solution
- Improved family relations: Inheritance disputes commonly place a considerable strain on family relations. Entering the court system, generally makes this worse. As mediation requires both parties to participate, this has shown to mend broken relationships.
If you are unhappy with a your inheritance or as an executor you think that you my have a Will contest on your hands, do not hesitate to give Redcliffe Mediation a call for your free initial consultation. Whether you are wanting to contest yourself, or as an executor are required to defend, we can assist.
NEED ASSISTANCE WITH AN INHERITANCE OR ESTATE DISPUTE
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Commercial
Commercial Conflict mediation and resolution
When a disagreement in trade or commerce occurs, a commercial dispute arises, where money has been lost or is owed. The key issue for parties in a commercial dispute in the amount of money, time and resources spent, where the dispute is likely to cause irreparable damage to the relationship. Where a dispute is unresolved between the parties themselves the prospect of litigation is a timely and costly exercise that has a rigid and arbitrary environment, that lacks a flexible approach.
Our experienced commercial mediators have the expertise to settle the parties ready for balanced negotiations. Our mediation service provides a confidential platform in which parties can discuss core issues and focus on developing options and possible solutions that are mutually acceptable to the parties.
Whether you are a small or large organisation or your dispute involves one, Redcliffe Mediation has the expertise to assist you and the other party towards resolution.
Benefits of Commercial Mediation at Redcliffe Mediation
Engaging Redcliffe Mediation to resolve a commercial dispute comes with many benefits as we will:
- save parties time and money
- allow you to circumvent expensive and drawn out litigation
- allow parties to have ownership of issues
- assist in keeping business relations amicable
- achieve resolution of disputes in timely fashion
- reduce stress on parties
- permit lawyers to attend
- help parties to see both points of view
- remain independent and unbiased
Need assistance with a commercial dispute
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Workplace
WORKPLACE MEDIATION
Process
Workplace mediation is a confidential process where we as Mediator, being an independent third party, facilitates communication between two or more people in a dispute. Our role as a workplace mediator is to establish a structured process that helps with identifying core issues, developing options, discussing solutions and reaching a resolution that is mutually acceptable by the parties involved.
Workplace mediation helps empower people to take responsibility for the issues at hand and their resolution. As workplace Mediators, we encourage parties to consider the dispute from within the greater organisational context from multiple perspectives.
When workplace mediation is successful it considerably improves relationships within the workplace by focusing on not only on the issues, but how the issues are discussed, the participant’s individual styles, and their decision-making process.
Mediation itself, acts as the foundation for participants to become role models in developing new modes of problem solving. We find that it is the beginning of their new and improved effective working relationship.
Participants
Redcliffe Mediation have successfully used workplace mediation to resolve issues between employees at all levels of an organisation:
- between shareholders/directors
- between executives
- between managers (all levels)
- between staff and managers
- between and within teams and groups
- between staff and stakeholders
Resolve a broad variety of issues and disputes
Explore the issues and disputes that may be resolved using workplace mediation which include:
- leadership disputes
- communicative issues
- relationship issues
- interpersonal conflict / skills
- style incompatibility
- team Issues (anti-trust, relationship breakdown, dysfunctionality)
- allocation of work and performance
- harassment and bullying
- changes to work practices, processes, or technology
- demarcation of job and or roles
- grievance management
- perceived unfair disciplinary action
- application or operation of a new award
- sexual harassment
- racial discrimination
Benefits
- saves time
- saves money
- improves workplace relationships
- reduced costs (compared with courts, tribunals and investigation processes.)
- ensures people are back to work promptly
- heal relationships (both low-level issues and long-standing conflict)
- improves attitude and approach to resolving conflict in the future
NEED ASSISTANCE WITH A WORKPLACE DISPUTE
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Community
Community Mediation
Disputes in the community are common and things don't always go smoothly. Its best to handle community disputes by talking to them and seeing a mutual agreement can be met. Sometime writing a letter setting out the problem and how you see it being resolved may work. However, from time to time you may need to engage a mediator. At Redcliffe Mediation, we offer a community mediation service where disputes in the community can be handled by a trained mediator that works with the parties to negotiate fair and equitable solutions for all parties.
What is mediation?
Mediation is a way of resolving a dispute where the parties involved meet with a mediators and negotiate a fair solution to their problem. It allows each party to tell their side of the story, discuss core issues, consider options, discuss solutions and come to an agreement that is mutually acceptable between the parties. Your mediation will be guided by an experienced and professionally qualified and accredited mediator. Mediators are impartial and won’t give any legal advice or make decisions for the parties, a mediator is there to assist the parties towards a resolution.
If mediation is successful, the result is a written agreement. Whilst not legally binding, it can be used when making a court application.
Process of community mediation
When parties have agreed to mediate with Redcliffe Mediation, we will contact each party and have a meeting with each of them. This allows each party to tell their side of the story in the absence of the other party. This is a good time for the mediator to answer any questions you may have or for you to identify any issues you’re unsure of. The mediator will explain the process of the mediation so can come prepared.
After the initial consultation, we'll assess whether your matter is suitable for mediation. Should mediation proceed, an appointment will be made for the parties to attend together with the mediator in attendance.
Cost of community mediation
A consultation costs $220 per party and a mediation conference is $200 per hour per party.
Types of community disputes
- Fencing disputes;
- Retaining Walls;
- Encroaching Roots & Branches;
- Disputes in Community Groups;
- Dog Ownership;
- Harassment; and
- Public Nuisance Disputes
NEED ASSISTANCE WITH A COMMUNITY DISPUTE
Get in touch with Redcliffe Mediation by emailing us at office@redcliffemediation.com.au or by phone on 1300 843 847
Elder
Elder Mediation
Elder mediation is a specialist area of mediation of issues related to estates, eldercare and most importantly social gerontology. This assists in the facilitation of family discussions about issues related to safety, finances and capabilities while keeping in mind the elder persons desire for individual control and respect.
Common issues
Some of the issues that are commonly bought up in Redcliffe Mediation conferences include:
- is in home support needed for my parent(s)
- how will future care be funded
- is in home nursing necessary
- are my parents still okay to drive
- is my patent(s) capacity impaired
- does an Aged Care Assessment Team (ACAT) need to assess
- is the appropriate care being provided
- who holds the power of attorney (if any)
- who is responsible for their financial affairs (if any)
- is nursing home care now necessary
- what to do with surplus belongings
- are home delivered meals necessary
Our difference
We know and understand the changing role between parent and child as time goes on and are well understood that different family members have different view on elder issues. Our expertise ensures that a balanced yet empathetic and practical approach is taken towards the parties to ensure a resolution that is collectively acceptable and one that respects the needs and dignity of the elderly party.
NEED ASSISTANCE WITH AN ELDER DISPUTE
Get in touch with Redcliffe Mediation at office@redcliffemediation.com.au or by phoning us on 1300 843 847