DISPUTE RESOLUTION PROCESSES:
MEDIATION
As the mediator Michael assists parties identify the disputed issues, develop options, consider alternatives and reach an agreement. He has no advisory or other determinative role in respect of the content of the dispute or the outcome of its resolution but may advise on or determine the process of the mediation whereby resolution is attempted.
The mediation process is a safe, confidential, timely and cost- effective means to resolve disputes.
FACILITATED MEETINGS
As an independent facilitator Michael will chair meetings which are conducted in an open forum. Michael ensures all participants are given an opportunity to speak in accordance with appropriate meeting processes.
Michael accepts appointments from organisations which are required to uphold the highest standards of procedural fairness.
COLLABORATIVE PRACTICE
Michael is a collaboratively trained practitioner. Collaborative practice is a process where parties commit by way of a participation agreement to resolving differences without the threat of court proceedings.
It is different from other litigation based negotiation as the parties reach agreement that in the event the collaborative process breaks down the lawyers and any experts involved cannot represent the parties or testify in any future litigious/court proceedings.
In the collaborative process Michael acts as a neutral communication facilitator working to support communication and problem solving between the parties and the collaborative team members.
FAMILY DISPUTE RESOLUTION
Michael is an accredited Family Dispute Resolution Practitioner (FDRP) under the standards set out in the Family law (Family Dispute Resolution Practitioners) Regulations 2008. He is approved to conduct Family Dispute Resolution (FDR) to help separating families come to their own agreement.
It is compulsory under Australian Family Law for separated parents to participate in Family Dispute Resolution before applying to a family court for parenting orders. As an accredited Family Dispute Resolution Practitioner Michael can issue a Section 60I certificate to allow an application to be made to a family law court.
CHILD INCLUSIVE MEDIATION
Michael has acted for children as an independent children’s lawyer in family court proceedings. He has witnessed first hand how parents and carers involve their children in the conflict.
In a child inclusive mediation Michael works with a child specialist/psychologist who will attend the mediation. Prior to the mediation the child specialist will meet with the children separately and explore their concerns and needs. The child specialist will then bring this information to the mediation to assist the parties to reach an agreement which is in the best interests of the children.
The children do not at any stage attend the mediation.
