At RMDS, we can also assist you with mediator-facilitated negotiation (MFN). This process is typically used for high-conflict FDR. If you have not been able to mediate directly with the other party or previous attempts at mediation have failed, family court may be the next option. You may ideally prefer to avoid this due to timing and costs, and if you go to court, you are likely to end up with a compromise agreement that fails to meet the agreeable needs of both parties. This agreement is then enforced. Only 15% of family court matters go to a final trial; the rest get orders by consent which are often reached under pressure and don’t work well for either party, resulting in one or both parties breaching the orders and returning to court or to mediation.
Family court is a difficult and expensive way of getting orders regarding parenting or property.
MFN is a process that often takes several sessions across several weeks, which allows time for parties to seek legal and/ or financial advice, confidentially consult a trusted advisor or friend, research specific information and, most importantly, respond with a calm, cool head. In many cases, you will be able to reach a compromise and move towards an agreement that is workable and acceptable to you both.
You cannot communicate directly with the other person due to a family violence order or because they refuse to have direct communication with you. You have the contact details for the other party and an intervention order that permits negotiation by a mediator.
Our MFN practitioners assist clients in identifying issues for negotiation for parenting and/ or property and develop a proposal(s) based on the information you disclose. We can then facilitate the negotiation of the terms of any agreement reached and document the details for you.
Our team do not operate as lawyers; we are mediation specialists, and as such, we are not permitted to provide you with legal advice. Our practitioners will act as neutral facilitators who will help you clarify and develop a proposal, will help you reality test what you are asking against the likelihood of your proposal being accepted and, most importantly, can speak directly to the other person to explain your motivation in making your request. We treat your case as confidential and always seek your permission to disclose any information with the other party.
MFN is designed to help resolve issues when mediation has failed previously, and the only other alternative is to go to family court. It can also be used to deal with practical issues while working your way through the family court system, e.g., you have an urgent issue to address that requires resolution, and you cannot secure a court date, albeit already being in the court system.
Looking without expensive lawyer fees? Our mediation service is focused on workable, sustainable options for your legal matters.
