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Frequently Asked Questions
Positive Solutions has complied a list of answers to some of our most frequently asked questions. If your question was not answered here and you have been unable to find an answer please contact us.
Family Dispute Resolution
Do I need a lawyer if I use family mediation?
Not necessarily, but we recommend that you seek independent legal advice about the issues that you are hoping to resolve through mediation. Mediators cannot give you advice and you must engage a lawyer or lawyers for an agreement to be made legally binding
What are my rights regarding my children if I have separated?
Every family’s individual situation is different so there is no standard that can be applied. Children have a right to safety and a right to have a relationship with both parents.
How many sessions will I need?
The number of joint sessions required really depends on the complexity of the issues discussed.
I want to be able to see my kids but haven’t for years. Is there anything I can do?
People who find themselves in this situation can attend an intake to discuss the circumstances of loss of contact and your hopes for re-establishing a relationship. If It is appropriate, we may invite your children’s other parent into the mediation process.
What is a section 60i Certificate and what does it mean?
S60I Certificates are required by the court to indicate whether Family Dispute Resolution has been attempted or not. This is because FDR is mandatory under the Family Law act- but with some exceptions.
The certificates define 5 categories including:
- Refusal or failure to attend*
- Matter inappropriate for mediation
- Genuine effort
- Non-genuine effort
- Became inappropriate after commencement.
*Refusal or failure to attend may result in costs being awarded against you by the court.
You must attend an individual session with us to be able to obtain a 60I certificate.
There’s a Family Violence Order in place. Can I still attend?
You will be asked to bring a copy of your Police/ Family Violence Order to your first session so that we can ensure that we are not in breach of it if we invite the other party. The dynamics of family violence can impact people in different ways so it is important to let your mediator know how they can support you.
There are no orders in place but I have experienced family violence. How can you help me?
Mediators are trained in understanding and recognising types of family violence and the impacts FV can have on families and children. Talk to your mediator about what you have experienced and they will suggest options for keeping you safe and supporting you throughout the process.
Why can’t we go straight to mediation?
The individual sessions are designed to answer your questions, give you information about the process and importantly, to give you a chance to share your experience of the dispute without the other party present. The more the mediator understands your unique situation, the better they can assist you both.
Do grandparents have rights too?
Grandparents do have rights under the Family Law act and Positive Solutions provides the same service for parents and grandparents under Family Dispute Resolution.
I need a support person. Can my new partner come to mediation with me?
Support people are welcome to attend individual sessions and we ask them to sign a confidentiality clause and to refrain from having verbal input into the session. We need the permission of both parties for support people to attend the joint session.
What does confidentiality actually mean?
Confidentiality means that whatever is discussed in individual sessions is between you are your practitioner. However, mediators are mandated notifiers so if something is disclosed that constitutes threat of harm to a child or an adult, they have a duty of care to report it.
Counselling
What happens at counselling?
Counselling is way for you to explore your feelings and emotions in a safe and confidential environment. Counselling can help you examine your options and the possible consequences of any actions.
How do I know my child or teenager would benefit from counselling?
Every person is different and you know your child and/or teenager the best. If your child or teenager’s mood and emotional reactions to things seem out of the ordinary or you have a feeling that something is wrong, trust your instinct. The sooner any issues are dealt with, the better the outcome.
Can I change to a different counsellor?
We do our best to match you with a counsellor to ensure your needs are met. If the fit isn’t quite right, we can match you with another counsellor to better suit your needs.
If you haven’t tried counselling before, feel free to make an appointment without feeling like you have to keep seeing the person you had your appointment with. It’s okay to try a number of different sessions with different counsellors until you feel you have found someone you can work with.
Employee Assistance Program
What happens at counselling?
Counselling is way for you to explore your feelings and emotions in a safe and confidential environment. Counselling can help you examine your options and the possible consequences of any actions.
Can I change to a different counsellor?
We do our best to match you with a counsellor to ensure your needs are met. If the fit isn’t quite right, we can match you with another counsellor to better suit your needs.
If you haven’t tried counselling before, feel free to make an appointment without feeling like you have to keep seeing the person you had your appointment with. It’s okay to try a number of different sessions with different counsellors until you feel you have found someone you can work with.
How many sessions can I have?
Your workplace will have prescribed the number of sessions you can have with us free of charge. If you would like to find out how many sessions you are entitled to, please call us on 6223 5612.
Do I need to tell my employer that I am accessing EAP counselling?
You can access EAP counselling without informing your employer.
Do I have to access EAP counselling?
Accessing EAP counselling is completely your decision. Although a supervisor may recommend an employee access EAP, it is entirely voluntary whether the employee chooses to access the service.
General
How much do you charge?
We are a not for profit service, with only some services partially funded by the government. We try to keep our fees to a minimum and these vary from service to service with some services being means tested based on income.
Do I need to attend an office for an appointment?
Our services are available at our offices, via phone or online.
What does confidentiality actually mean?
Confidentiality means that whatever is discussed in individual sessions is between you are your practitioner. However, mediators are mandated notifiers so if something is disclosed that constitutes threat of harm to a child or an adult, they have a duty of care to report it.