QLD Topics to Include as Agenda in Mediation?

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Migz

Well-Known Member
20 November 2016
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Hi All,

So, I had a pre-mediation yesterday, with mediation taking place on Monday. I was asked to make sure I turn up with all the items I would like to see on the "agenda". Can someone shed some light on the topic as to what would constitute "agenda" topics?

Thanks
 

Stevie_Beavie

Active Member
6 February 2017
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When my wife went to mediation, she discussed who the child will live with, the father's visitation schedule, holidays, birthdays, Father's/Mother's Day, Christmas, School Arrangements, Contact Details, no derogatory remarks in the presence and hearing of the child, having school reports and merits sent to the father, medical emergency situations. All that kind of stuff. You have to be ready to negotiate with the other party.

My wife found her experience in mediation very unsatisfactory and learnt the hard way that whatever you agree to in mediation is not legally binding until it turned into consent orders in family court.

Sorry I can't be more helpful then that.
 

AllForHer

Well-Known Member
23 July 2014
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The agenda for mediation should essentially include all of the topics you want to discuss with your former spouse. For example, the agenda items for my husband's next mediation session are:

1. Amending school holiday time; and
2. Clarifying interpretation of birthday time.

If you're negotiating a full parenting plan or consent order, then you might include items like time spent with each parent during school terms, school holidays and special occasions; phone communication; where changeovers will take place; how the parents will communicate; etc.

It's a good idea to come up with a few proposals for each item on the agenda as a starting point for negotiation, too.
 

sammy01

Well-Known Member
27 September 2015
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Here is one that you want - even though it is hard to enforce...That in the event that mum is busy and needs someone else to look after the kids, she should give dad the first option...

But why don't you tell us what you want to put on the agenda and we can tell you if you're on the money?
 
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Migz

Well-Known Member
20 November 2016
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This is great guys and greatly appreciated so thanks for that. So the reason for mediation is too put together a "Master Parenting Plan".

So essentially nearly everything that goes into a parenting plan is an agenda topic.

I really want to nail down 90% of the plan, with the last 10% for the Judge to decide on the 27th Feb. I'm fully aware that the Ex won't budge on allowing me visitations for a few hours on "daycare days" and won't budge on "her alternate weekend visits" which she only changed to a month ago, as previously I was allowed weekly Saturday lunch-afternoons, so I'll be happy to put my case forward to the Judge, and let her decide "whats in the best interest" of my 10 mth old daughter.

After reading many of the court cases that Sammy01 has put up here, I found a Judge who thought outside the box and said that, alternate weekends were too far apart for very young children (there was also a midweek visit in the case), so put forward the option of 3 out of 4 weekends (3/4) for the Father. I will be asking for the same thing but say 11/12 weeks or 7/8 weeks.

AllForHer, yes full parenting plan. Great idea on the "come up with a few proposals for each item on the agenda as a starting point for negotiation"

Stevie_Beavie, thanks for the heads up, so good idea to get the 90% we do agree on put into consent orders as quickly as possible.

Sammy01, great opinion as usual "here is one that you want - even though it is hard to enforce...That in the event that mum is busy and needs someone else to look after kids, she should give dad first option..."

I really like it, but considering the Ex lives with her Mother, and her own sister lives 1km away, I doubt that I'd ever be called upon as "first option" and secondly, I'd never be likely to find out this is taking place. I'm only 30km away (rural). But in the last 10 months I've never been called on to look after my daughter outside of Saturday visitations. But I will definitely be putting it in.

Cheers
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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re: School/kinder/pre-school. Get something saying 50/50 decisions on school 'matters'. Do not limit orders to reports as you may need to call the school to discuss other matters and you don't want the school turning around and saying sorry, your ex is the one that makes all decisions and we can only discuss your child with her.
 

sammy01

Well-Known Member
27 September 2015
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This is a big one -

My youngest was 12 months old when we finally got consent orders... They said something like - Due to the young age of the children, neither party will rely on Rice and Asplund in the event that court is required...

Mate I will have a look to see if I can find those orders. They are now defunct so not sure if I still have them anywhere...

But - short version is you want to be able to go back to court later for more time as the child ages. So mum can't insist on never giving more overnight time and keeping your time with baby the same in 15 years time...

Let me know if I've done a crap job explaining - I think think I have. But I gotta go.
 

AllForHer

Well-Known Member
23 July 2014
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My husband had a 'first right of refusal' clause in their consent orders. It ended up with mum calling the police six times whenever my stepdaughter spent time with her paternal grandparents. In reverse, my stepdaughter was spending about four nights a week with her maternal grandparents while mum was at work, and not once was dad given firs right of refusal on those occasions.

We had to file for a domestic violence order to put it to an end, and they negotiated doing away with that clause all together.

If your ex has more sense than my husband's, it can work. Just be cautious.
 

Migz

Well-Known Member
20 November 2016
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Thanks again guys.

Sammy01, if you have found those Orders, I would really like to see them if at all possible.

Cheers
 

sammy01

Well-Known Member
27 September 2015
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I can't paste the entire orders and I wouldn't anyways as they have names / addresses etc... I'm gonna copy one paragraph.

"That in the even that family dispute resolution does not result in an agreement, neither party shall rely upon the principles of Rice V Asplund to object to the other party bringing any application seeking to vary Orders given the young age of the children and their likely significant change in their routine and development."

Let me know if you need further clarification.