Mediator
Registered as a Family Dispute Resolution Practitioner with the Federal Attorney-General's Department pursuant to the Family Law Act 1975 (Cth), François has conducted over 1,000 mediations in Family Law disputes, specifically in parenting matters and property settlements. François holds a Master of Laws (Dispute Resolution), specialising in mediation, from The University of Queensland. François is a Nationally Accredited Mediator through the Bar Association of Queensland, Queensland Law Society and Australian Mediation Association. He has completed numerous training seminars with the Federal Attorney-General’s Department and the Bar Association of Queensland through its Continuing Professional Development Program. In addition, François has completed child-focused and Child-Inclusive Mediation training with Dr Jennifer McIntosh from Family Transitions, from which time he has conducted Child-Inclusive Mediations – which involves an expert child psychologist giving, during the mediation session, feedback to the parties after having consulted with the child or children.
As a mediator, François is a neutral and unbiased intermediary, whose role is to facilitate the discussion of issues in dispute between parties, by assisting parties to understand each party’s underlying concerns and interests, as well as facilitating the generation of options to each of the issues. In this way, François guides parties towards settlement by their negotiation within a positive and constructive atmosphere. Importantly, as a mediator, François cannot provide advice to the parties, nor provide representation to either party during or after the mediation. It is important, before any mediation session begins, that the parties seek independent legal advice from a solicitor holding a current practising certificate. |
About Mediation
Mediation is an alternative form of dispute resolution to the more formal options of litigation and arbitration. Mediation is a process for resolving disputes between parties who are genuinely motivated to mediate, and who desire to achieve mutually satisfying resolutions to their disputes by participating in a process guided by a mediator. As such, mediation is quite distinct from counselling or therapy.
Mediation is a confidential process; hence, anything that is discussed during the mediation session will not be repeated outside of the session. Although a mediator is bound not to reveal what the parties have said in mediation, exceptions exist, such as:
There are advantages to mediation over other forms of dispute resolution:
Mediation is not an appropriate form of dispute resolution in the following circumstances:
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Choosing the Mediator
In determining who will be the mediator of a particular dispute, the following considerations may assist in making this decision:
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Preparing for Mediation
Before attending the mediation session, each party should:
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The Mediation Process
The mediator will begin by outlining the terms of the Agreement to Participate in Mediation, as well as setting down guidelines for participation in the mediation. Each party will, in turn, be afforded the opportunity to describe the issues to be resolved from their particular point of view. From the issues raised by both parties, the mediator will fashion an agenda, which will list the issues of both parties, hence setting the parameters of the mediation session. Each issue will be discussed, with each party, in turn, being afforded the opportunity to state their underlying concerns, from which options will be generated by both parties, with a negotiation of the options ensuing. If settlement of all of the issues is achieved, the agreement is prepared by the mediator, the agreement is presented to each party and, if appropriate, each party signs the agreement.
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Mediation Fees
Please note that the fees detailed below serve only as a guide and are superseded by any Costs Agreement into which François enters with the parties and/or their solicitors.
Pre-Mediation Conferences:
Mediation:
Other Costs:
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