QLD Mediation

[Danieljt2809]

Hi. My fam law case is due to be heard at trial on the 13th October. The icl is wanting to go to mediation with my ex partner as the main witness who started allegations against me refuses to go to court and never filed an affidavit. I have done family report and clinical expert report who said I am allowed unsupervised visits but have been doing supervised visits only with my child. Why are they pushing mediation instead of not wanting to go to trial. Thanks

 

[sammy01]

With the clinical report / family report one would like to think the ex would be realizing that she's on a hiding to nothing. I do think the courts prefer to see parents come to an agreement so both parents can feel like they've exercised control / parental responsibility in coming to a conclusion. The alternative is a judge making the call and one or both parties walk away disgruntled. And one would hope an agreement is more likely to be followed than a parenting arrangement that is dictated by a judge.

And mediation is likely to be less expensive for all involved including the courts and the costs involved there. Sadly, if your ex is still maintaining the need for supervised visits despite all the reports to the contrary mediation will be a last ditch effort before a final hearing becomes necessary

 

[Danieljt2809]

Thank you.appreciate your response back. At last hearing the icl stated did not want to call or suphena the witness for fair of what she would say so are pushing mediation. I would much rather mediate for a resoulation than have a judge decide as I am doing this on my own without help and wouldn’t understand if it went through to final hearing

 

[GlassHalfFull]

I think the ICL, along with the court system, is at all stages is keen to resolve the matter by consent, where possible, as Sammy said. That's why even on the day of court, it's expected that negotiations occur outside the courtroom to try to reduce the number of issues in dispute.

If your family report is favourable, that may put pressure on the other party to agree to unsupervised. Whether that will satisfy you or not, I don't know. Maybe you want more. Maybe you want primary care? I don't know all the details to know. But I can tell you that the ICL in my case suggested mediation prior to a trial too. They probably feel like, from experience, it's a more productive way to negotiate than lawyers letters back and forth.

In my case, we're still a while away from the trial (6-12 months) but the ICL is clearly hoping we can avoid it. I'm not optimistic given my ex's resistance to anything that doesn't force her hand though! The trouble with mediation is that any agreement is completely by consent, with the mediators unlikely to provide any advice or pressure either side. So if the OP isn't actually willing to be reasonable, mediation will be pointless.

 

[Danieljt2809]

Thank you. I appreciate your response also.

 

[Danieljt2809]

Why are you not optimistic if that’s ok to ask? Why don’t you think your ex will be reasonable? I feel mine wine be either but knows she has to go that path after 17months of court.

 

[sammy01]

Look I reckon they can drag it out. The amount of cases that get done by consent the day before final court hearing. So from time of break up to time of giving up and accepting that you should have reasonable access could be 2 years. But that is two years where she has dictated the terms with which you get to spend time with your own kid.

OR to put it another way. Right now she is the boss. The moment just before she gets told by a judge that she isn't the boss anymore is the right time to give up. But up until that time she has all the power. Not so much legal advice as just a thought on human nature...

 

[Danieljt2809]

Thank you. Can agree with that

 

[Danieljt2809]

Can someone please tell me what this means as i have to do myself.
consolidated trial affidavit of edivence in chief, financial statement and one witness affidavit?.
in relation to final hearing of family court case.
your urgent response would be greatly appreciated