When a relationship ends, emotions can run high and navigating separation or divorce can feel overwhelming.

Family mediation offers a calm, cost-effective and quicker alternative to going to the Family Court. It helps separating couples reach agreements about property, finances and parenting arrangements with the assistance of a neutral third party.

At Move On Mediation in Perth, Ian Shann, an experienced family mediator and lawyer, guides families through this process to reach fair and practical solutions without unnecessary stress or expense.

17 Family Mediation Terms You Need To Know

Family Mediation

Family mediation is a voluntary process where separating couples meet with a qualified mediator to discuss and resolve issues such as property division, finances and parenting arrangements. The goal is to reach a mutual agreement without resorting to litigation.

Family Dispute Resolution

Also known as FDR, Family Dispute Resolution is a specific type of mediation required under Australian family law before certain matters, especially those involving children, can go to court. FDR is aimed at helping families come to agreements without judicial intervention.

Mediator

A mediator is a trained, neutral professional who facilitates discussion between separating parties to help them reach an agreement. Ian Shann is an AMDRAS nationally accredited family dispute resolution practitioner with decades of legal experience in family law.

Intake Session

Before mediation begins, each party has an individual intake session with the mediator. This confidential meeting helps the mediator understand the issues, assess whether mediation is suitable, and plan for a safe and productive mediation session.

Shuttle Mediation

In shuttle mediation, the parties sit in a separate room and the mediator moves between them to relay messages and negotiate outcomes. This can help when communication between parties is strained or there is a risk of conflict.

Child-Inclusive Mediation

Child-inclusive mediation allows children’s voices to be heard in the mediation process. A trained child consultant speaks with the children and brings their perspectives into the session, helping parents make more informed, child-focused decisions.

Affidavit

An affidavit is a written statement made under oath, often used in court proceedings. While not always needed in mediation, affidavits may be required if your agreement is later formalised in court documents or for legal advice purposes.

Asset & Liabilities Statement

This document lists everything the parties own and owe. It is a key step in reaching a financial settlement and includes things like property, savings, superannuation, debts and loans. Full and honest disclosure of all your financials is essential during family mediation.

Financial Settlement

A financial settlement is an agreement on how assets, liabilities and superannuation will be divided after separation. Mediation provides a structured, less adversarial setting to reach fair financial outcomes without going to court.

Children’s Matters

This refers to issues involving the care, living arrangements and decisions about children after separation. Mediation focuses on what’s best for the children and helps parents agree on practical parenting solutions.

Parenting Plan

A parenting plan is a written agreement between parents outlining the care arrangements for their children. While not legally binding, it is a useful reference that can help avoid misunderstandings and reduce future conflict.

Parenting Order

If parents want their agreement made legally enforceable, they can apply to the Family Court for a parenting order. These orders are binding and can cover things like custody, visitation, and parental responsibilities. They can be done by agreement (Consent Orders) or after decision by the Court in a contested matter.

Binding Financial Agreement

A Binding Financial Agreement (BFA) is a legally enforceable contract that sets out how property, finances and spousal maintenance will be handled after separation. It must meet strict legal requirements and must involve certified legal advice from independent lawyers.

Binding Child Support Agreement

This is a formal agreement between parents about child support payments. It allows parents to agree on payment amounts and frequency and requires both parties to obtain certified independent legal advice.

Consent Order

Consent orders are formal agreements approved by the Family Court. They make parenting or financial agreements legally binding and enforceable without the need for a court hearing. Agreements reached at mediation can be turned into consent orders.

Agreement Reached at Mediation

This refers to any resolution or understanding achieved during mediation. While not automatically legally binding, agreements can be written up and signed as a memorandum of understanding or later formalised through Consent Orders.

Section 60I (or 60H in de facto matters) Certificate

This certificate is issued by an accredited family mediator (FDRP) when mediation has taken place, been attempted or deemed inappropriate. It’s often required before a court will accept an application regarding children’s matters. Read all about Section 60I certificates here.

Understanding the terms used in family mediation can make the process feel less daunting and help you make informed decisions.

At Move On Mediation, Ian Shann provides expert guidance and support to help you resolve your family law matters efficiently and respectfully.

Family mediation is usually the quickest, most affordable, and least stressful way to finalise your separation or divorce.

Ready to move on?

Book your confidential family mediation in Perth today and take the first step towards a fair and peaceful resolution. Get in touch online now.