ACCESS ADVOCACY is BRISBANE based

 

Mediations are held at the Lavalla Centre, Paddington. Sessions outside Brisbane or Interstate can be arranged using phone shuttle.

 

Lavalla Centre     58 Fernberg Rd, PADDINGTON QLD 4064     

 

Times can be arranged to meet client availability  or Mondays, Tuesdays and Fridays between 9.30am  and 6.00pm,  and on Saturday mornings from 10.00am. Phone: 0422 33 1943

 

 

              ACCESS ADVOCACYspecialises in

### FAMILY DISPUTE RESOLUTION - between mother,  

   father, same sex couples and  grandparents  focussing on children

 Parent Plans; Assets and Property, S60i Certificates issued

 

### ELDER MEDIATION rights of the older adult, involving      

   family and carers, to clarify care, healthcare, change of residence,

   safety, driving, finance,  abuse, and other intergenerational issues. 

 


### WORKPLACE CONFLICT and BULLYING

 

 

 ### SUPERVISION PROVISION for MEDIATORS

 

 

 



 

About Us

ACCESS ADVOCACY assists clients in dispute to come together to voice their issues and concerns, to consider options tabled by all parties and to try to reach agreements that are in the best interests of all those affected.

ACCESS ADVOCACY acts as a neutral/non-aligned, confidential third party whose role it is to mediate or help resolve problems or complaints before they become divisive. The overall goal is to provide an empowering, safe, open, problem-solving environment for resolving disputes and issues.

OUTCOMES: Inclusive and welcoming communities are realised and sustained through practices that allow for two-way listening, of sharing wisdom, insights and experience and where concerns are readily and effectively addressed . By generating and considering options, while focussing on each client’s best interests, positive and productive outcomes are achievable.

  The symbol of a jigsaw is significant when discussing concerns and problems as the complete picture is achieved only when all the pieces are in place. Each piece of a jigsaw is important to complete the puzzle. The shared wisdom principle acknowledges that each person's insight and contribution is an important part of the whole picture. Listening, questioning, understanding and discerning are important components in reaching a mutual solution.
 

Elder and Workplace Mediation

ASSISTING BEFORE THERE IS AN ISSUE

ACCESS ADVOCACY offers an alternative pathway for those who have concerns, disputes or serious matters they would like resolved. Many people simply need confidence, a plan or information about how to have their concerns heard.

Individuals and Organisations can benefit greatly from having a happy and satisfied community where concerns are readily and effectively addressed.

ACCESS ADVOCACY can assist by advocating appropriate ways of resolving issues before they escalate and require the involvement and/or intervention of senior or legal personnel. 

Assistance could range from:

  • supporting Elder clients to express their rights and wishes, in discussions with family and others, when making decisions about their everyday lives and care
  • advising clients about how to approach appropriate senior personnel to address issues or concerns
  • acting as a neutral third party to mediate between parties to resolve issues and reach satisfactory outcomes or agreements without involving legal and industrial personnel or action
  • training staff and/or senior personnel to use mediation skills in section/department disputes

    For further help please contact 0422 33 1943 

 

 

Q & A's

How can ACCESS ADVOCACY assist?


ACCESS ADVOCACY assists clients by providing a range of dispute resolution strategies including:

  • Family Dispute Resolution (Under the Family Law Act) - assisting separated couples to reach mutual agreements in the best interests of their children, including property and asset settlement. (married, de facto and same sex couples; grandparents)
  • Elder Mediation Elder helps older parents, their adult children, grandchildren or carers to voluntarily resolve disagreements with the help of a qualified, neutral third party.

Such disputes may address care, healthcare and end of life concerns, change of residence, safety, driving,  abuse, and other intergenerational issues.  A skilled elder mediator creates an atmosphere of safety and respect, listens to each participant’s interests and concerns, and encourages them to hear and understand each other. 

  • General Dispute Resolution - acting as a neutral/non-aligned third party in mediating between parties to resolve workplace/community issues (including bullying and harassment) and to reach satisfactory outcomes or agreements without the involvement of outside agencies, including legal and court action. Settings may include Family, Education and Industry.
  • Coaching/Advocacy - providing individual advice about strategies to address concerns and how to “open doors”.

 

How can assistance and advice be accessed?

Family Dispute Resolution: 
After a client contacts and indicates that they wish to discuss family/children matters, an intake session is arranged to gather background information. The mediator will then invite the other party to participate. If that party agrees, an intake session is arranged and an assessment made regarding whether mediation is appropriate. If mediation proceeds, arrangements, time and date to suit all parties, will be scheduled. All conversations are strictly confidential with each individual.

If a party declines to participate, a S60i Certificate may be issued.

 

Elder Mediation: Similar processes are followed as above, but may involve travel to the clients home or care facility. There may be more meetings and involve older parents, adult children, and other family or carers who each have an interest in the matter. Most elder cases not only address issues such as  who should be named in a will, or who should care for an ailing older adult, but a combination of unresolved issues that may date back years, even decades.

 

Dispute Resolution and Coaching:
In a similar manner, Employers/Administrators may contract ACCESS ADVOCACY to discuss a confidential service to assist staff and clients to have their concerns addressed.

The mediator will discuss possible options or arrange appropriate meetings for further assistance.

What are some typical Elder Mediation Issues?

·       health care planning and medical decisions

·       family business

·       driving

·       living and caregiving arrangements (at home, or in continuing care      

·       or long-term care communities)

·       religious issues

·       financial matters

·       relationship issues (including intergenerational relationships, blended families, new marriages)

·       end of life decisions

·       guardianship

·       abuse and neglect

·       estate planning and wills

·       ageist issues

·       power of attorney questions

 

How long do I have to wait before mediation occurs?
Most mediations can be arranged within one week after all parties have been contacted.

 

What are the possible benefits of attempting mediation?
Benefits include: Improved

  • Communication
  • Problem solving skills
  • Use of conflict management processes
  • Cooperation and collaboration

    Resulting in
  • Enhanced personal wellbeing
  • Reporting of low-level conflict situations
  • The best interests of all taken into consideration
  • Rights of individuals respected

 

MORE Q & A's regarding the Family Court of Australia matters

Who can provide FDR?
Only accredited FDR practitioners can issue certificates under the Family Law Act 1975. An accredited FDR practitioner is a person who meets standards contained in the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.

Is FDR compulsory?
You can only apply to a family law court for a parenting order when you have a certificate from an accredited FDR practitioner which states that you have made a genuine effort to resolve your dispute through FDR. The requirement to participate in FDR applies to new applications, and applications seeking changes to an existing parenting order.

What are the exceptions?
There are some exceptions to this requirement where:

  • you are applying for consent orders
  • you are responding to an application
  • the matter is urgent
  • there has been, or there is a risk of, family violence or child abuse
  • a party is unable to participate effectively (e.g., due to incapacity or geographical location)
  • a person has contravened and shown a serious disregard for a court order made in the last 12 months.

    When applying to the court, you will need to provide information to demonstrate that one of the exceptions applies to you. If you use the exception relating to family violence or child abuse, you will also need to get information about your options and the services that can help you from a family counsellor or FDR practitioner or by ringing the Family Relationship Advice Line on 1800 050 321. If you have concerns for your safety you should advise the court. You do not have to get this information if you can satisfy the court that there is a risk of violence or child abuse.

What happens during FDR?
Before FDR can commence, an assessment will be made to see whether FDR is suitable for your situation.

FDR practitioners are impartial and will not take sides. They can help you to explore family and property issues in an objective and positive way. It concentrates on resolving specific disputes.

FDR can help both of you to discuss issues, look at options, and work out how best to reach agreement. Importantly, you can use FDR to develop a parenting plan to set out arrangements for your children. An FDR practitioner will also check that everyone understands what is being said and agreed upon.

Are things said at FDR confidential and can they be used in court?
Everything you say in front of an FDR practitioner is confidential – except in certain circumstances, such as to prevent a threat to someone's life or health, the commission of a crime or child abuse.

What is said during FDR cannot be used as evidence in court. However, an FDR practitioner must report child abuse or anything that indicates a child is at risk of abuse, and this may be used as evidence in some circumstances.

What if FDR doesn't work?
Even if you can't reach agreement, FDR may help you and your former spouse or partner communicate better. If you try FDR but still need to go to court because of a parenting order, you will need a certificate from an accredited FDR practitioner.

The certificate will say one of the following:

  • the other party did not attend
  • you and the other party attended and made a genuine effort to resolve the dispute
  • you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute
  • the FDR practitioner decided your case was not appropriate for FDR, or
  • the FDR practitioner decided it was not appropriate to continue part way through the FDR process.

    You should be aware that if you do not attend FDR or make a genuine effort to attend, this can influence the timing of your court hearing. The court may also order you to pay the other party's legal costs.


     

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