Care and Protection Early Intervention Mediations provide an opportunity for a lawyer assisted mediation to discuss concerns or issues that have been raised between the Department of Communities and Justice (DCJ) and a family. These mediations allow for an open discussion and for arrangements to be put in place in an attempt to avoid the need for a formal court process occurring.
These early intervention mediations allow families an opportunity to contribute to discussions relating to keeping children safe and keeping families together.
The types of matters which should be considered for referral to a Care and Protection Early Intervention mediation are matters where:
The categories of matters that should be considered for referral are:
Other matters may be considered at the discretion of Legal Aid NSW, including matters outside of LAFPA.
The following people will or may come to the mediation:
Participation is voluntary.
Any families seeking a Care and Protection, Early Intervention mediation, must be referred to Legal Aid for advice.
All referrals for an Early Intervention Care Mediation must be made by a solicitor following an assessment about the most appropriate model for their client and their individual circumstances.
If an interested participant contacts the FDR unit directly, they will be referred for legal advice.
After your matter has been referred to the Family Dispute Resolution Service, a Mediation Organiser will be in touch with all participants. For those that have a solicitor, all communication will take place with the solicitor directly. The mediation organiser will arrange the mediation date and time and invite all participants.
All participants will be required to complete a checklist prior to the mediation being arranged. All participants will also be required to a sign a confidentiality agreement prior to mediation.
The checklist for DCJ will include a summary of concerns relating to the family. This document must be provided prior to a mediation being scheduled and will be shared with the parents/carers or relevant family members prior to the mediation and following the continentality agreement being signed and returned.
All attempts will be made to arrange a mediation within 21 days of receipt of all documents including checklists and summary documents.
All mediations will be facilitated by a mediator that is qualified, experienced and accredited through the Commonwealth Attorney-General’s Department as Family Dispute Resolution Practitioner. This mediator will be appointed by the Family Dispute Resolution Service.
On the day of the mediation, all participants will get together to talk and to listen with each other and to try and reach an agreement. The mediation will occur as an on-line mediation or via the telephone in the majority of matters. There will be an opportunity for people to talk privately with the mediator and/or their solicitor and/or support person.
If the people attending the mediation reach agreement, then that agreement will be written up and signed at the mediation. The mediation may take up to 4 hours; all parties need to stay for four hours should this be required.
All people involved in the mediation will:
The mediator/s facilitate the mediation process and discussion. They are independent and do not act for any of the people attending the mediation. The mediator/s will:
Lawyers will:
DCJ will:
Parents, carers, extended family and other participants will:
You may have a support person present but only if Legal Aid NSW approves prior to the mediation. The role of support people is to provide professional, practical and emotional support, it is not to make decisions for the person they are supporting or to advocate on their behalf.
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