Litigation is costly, emotionally exacting, stressful, expensive and protracted with no certainty of outcome.
As a lawyer and forensic social scientist, Shanna knows the benefits of parties’ making their own decisions in a safe and confidential arena, assisted by an impartial, qualified and experienced mediator.
MEDIATION
Shanna has been practising as a mediator since 1990 and has provided mediation and mediation training in Australia, Hong Kong and Malaysia with clients from diverse cultural, socio-economic, racial and religious backgrounds. Her multi-disciplinary background sets her apart and equips her to deal with complex, high end financial disputes as well as parenting disputes, including domestic and international relocation.
Drafting the agreement is a critical aspect of the mediation. Unless properly and comprehensively done, there is the potential for conflict and parties’ reneging of some or all of the terms.
Attending legal representatives typically assume this role with the assistance of the mediator but in instances where there are no legal representatives, Shanna will ensure that all terms are clearly and comprehensively documented.
REPRESENTING CLIENTS IN MEDIATION
Shanna can attend with you to mediation and provide support and legal advice. She will ensure your rights are protected but in the spirit of mediation, will adopt a non- adversarial approach to promote a process that will help you and the other party reach a decision that is mutually acceptable.
ASSISTING CLIENTS WITH PRE-MEDIATION PREPARATION
Most people have never attended a mediation. Shanna will provide you with information and advice about the process, mediator’s roles and responsibilities, the operation of ‘without prejudice’ discussion, confidentiality and what happens to the agreement at the conclusion of mediation.
FAMILY DISPUTE RESOLUTION (FDR)
Prior to initiating any parenting proceedings in the court parties are obliged (save for certain exceptions) to attend a family dispute resolution conference. If an agreement is not reached at the conference, the Family Dispute Resolution Practitioner (FDRP) will issue a section 60I Certificate, which in the event a party chooses to initiate legal proceedings, must be attached to the application.
Shanna has been an accredited Family Dispute Resolution Practitioner, registered with the Commonwealth Attorney-General’s Department since 2006.
FDR Process Involves:
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Letters of invitation
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Family Dispute Resolution conference
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Issuing of Section 601 Certificates