FLP 7 - Mediation & Counseling

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Questions and Answers

What is the primary purpose of mandatory mediation and counseling as stated in Part 10 of the Women’s Charter?

To determine financial support eligibility

To establish custody arrangements

To explore the possibility of reconciliation (correct)

To facilitate divorce proceedings

What consequence can result from non-compliance with mediation or counseling requirements in court?

Automatic approval of divorce

Staying of proceedings or payment of costs (correct)

Increased financial support payments

Reduction of child custody rights

Why is it important for lawyers to assist clients in mediation preparation?

To negotiate financial settlements

To advise on available dispute resolution options (correct)

To offer emotional support during the process

To select the mediator

What does therapeutic justice aim to achieve within the family justice ecosystem?

To create a coherent support system for families Signup and view all the answers

What does Section 139 replace in the Women’s Charter?

Section 50 on mandatory mediation Signup and view all the answers

Which aspect is taken into account by the court when considering reconciliation according to Section 139?

The nature of the case and evidence Signup and view all the answers

What advantage of mediation is highlighted in the context provided?

Non-adversarial resolution Signup and view all the answers

What is a primary concern for lawyers when advising clients during divorce proceedings?

Ensuring what is in the best interest of the children Signup and view all the answers

Which statement regarding the mediation of asset division is accurate as of July 2020?

The court will mediate asset division only if there are contested child issues. Signup and view all the answers

What role do lawyers play in the maintenance process during divorces?

They must advise clients on financial obligations according to the law. Signup and view all the answers

What should lawyers collect from clients prior to mediation regarding asset division?

Documentary evidence of income and monthly expenses. Signup and view all the answers

What is a significant change regarding mediation related to international child abduction?

Private mediation is now the only option for international child abduction cases. Signup and view all the answers

What actions may the court take if reconciliation seems possible in a divorce case?

Adjourn the proceedings and interview the parties Signup and view all the answers

Under which section do mandatory programs for parents in divorce cases fall?

Section 139i Signup and view all the answers

What may the court do if a party fails to comply with its advice regarding mediation?

Stay the proceedings Signup and view all the answers

In what circumstances might the court dispense with mandatory mediation or counseling?

If there has been prior extensive counseling Signup and view all the answers

What is a potential consequence of disregarding court orders regarding family support programs?

Having to pay costs of the proceedings Signup and view all the answers

What must happen for the court to consider reconciliation in a divorce proceeding?

Both parties must show willingness to reconcile Signup and view all the answers

How does the court view the power it holds in family-related proceedings?

It recognizes its capability to issue a variety of orders as deemed fit Signup and view all the answers

What is the role of a conciliation officer as mentioned in divorce proceedings?

To assist in exploring reconciliation options Signup and view all the answers

What does the court require from parties that have had previous counseling before filing for divorce?

Proof of counseling from a licensed professional Signup and view all the answers

What distinguishes the court's approach in Section 139j regarding mediation from other sections?

It allows the court to advise parties. Signup and view all the answers

What is the main goal of the FDR conference in the family mediation process?

To set issues and parameters for discussions. Signup and view all the answers

During the mediation process, who presides over the first session?

A judge mediator. Signup and view all the answers

What is NOT a feature of the mediation counseling and family support programs under Section 139j?

Mandatory attendance for all parties. Signup and view all the answers

What happens immediately after the FDR conference?

Counseling sessions are conducted separately. Signup and view all the answers

What is the primary focus of the counselor during the initial session?

Addressing child issues Signup and view all the answers

Which of the following statements about the mediation process is accurate?

Counseling and mediation sessions are held on the same day. Signup and view all the answers

What happens if the counseling sessions lead to a resolution on child issues?

The judge mediator will only focus on money and asset issues. Signup and view all the answers

What does the court aim to assess during the triage session?

The historical communication between the parties. Signup and view all the answers

In what situation might co-mediation occur?

In cases with high conflict custody issues. Signup and view all the answers

What process feature was introduced as a response to post-COVID norms?

Transition to Zoom for sessions. Signup and view all the answers

What role do lawyers play in the mediation process?

They provide a brief background and status of the parties. Signup and view all the answers

What is the significance of the METE session in the mediation process?

It is a specific mediation technique implemented. Signup and view all the answers

Under which circumstance would a party NOT be held in contempt regarding the court’s advice?

If they attend counseling but refuse to mediate. Signup and view all the answers

What is the outcome if parties reach an agreement at the end of a mediation session?

The terms are recorded as a mutual agreement. Signup and view all the answers

Why might follow-up sessions be scheduled after the initial counseling session?

If unresolved issues remain regarding child matters. Signup and view all the answers

What is a significant characteristic of co-mediation sessions?

They involve the judge and counselor mediating together. Signup and view all the answers

What should lawyers do to prepare their clients for mediation?

Prepare them by discussing all relevant issues in advance. Signup and view all the answers

What is the implication if child issues remain unresolved after counseling?

More work is required from the judge mediator to explore all outstanding issues. Signup and view all the answers

What is a potential consequence of resolving matters during a mediation session?

The parties can finalize the outcome without further legal intervention. Signup and view all the answers

Study Notes

Takeaways

Part 10 of the Women's Charter covers mediation, counseling, and family support programs in court.
Mandatory attendance is required for divorcing parents. Courts may require other parties to attend.
Non-compliance may result in consequences such as staying proceedings or paying costs.
Lawyers play a crucial role in client preparation for mediation and dispute resolution advice.
Mediation provides non-adversarial resolution, party ownership, time and cost savings, and avoids emotional trauma.
Therapeutic justice requires a cohesive family justice system.

Section 139

Replaces section 50 of the Women's Charter for mandatory mediation and counseling.
Mandates court consideration of reconciliation possibilities.
Factors considered include case nature, evidence, and party attitudes. An example is a spouse who doesn't want a divorce, choosing not to engage in the divorce process.
This section applies to divorces, nullity, and judicial separation cases.

Mediation Process

Mandatory mediation and counseling for divorcing parents.
Court may advise other parties to attend family support programs.
Parties can attend mediation and counseling sessions, along with their children if necessary.
Court can waive mediation and counseling if it's not in the interest of the parties/children. This occurs when parties have already engaged in counselling, or there is already significant trauma due to family violence.
Failure to comply with court orders can result in court costs or proceedings being stayed.
Mediation focuses on child, asset, and money issues.
Counsellors will focus on child issues during pre-mediation sessions.
Lawyers give brief background on status, issues, disputes, and party positions during mediation.
Mediation may conclude with a settlement, enabling consent orders without further court hearings.

Additional Information

Practice Direction Part Five mandates court-mediated child issues but excludes asset divisions over a certain amount ($) without contesting child issues or concerns.
International child abduction cases are now excluded from court-mediated mediation cases.
Legal practitioners must advise clients on alternative resolution options.
Courts may stay proceedings or impose costs for non-compliance.
High-conflict custody or relational issues may result in co-mediation.

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Description

This quiz explores Part 10 of the Women's Charter, focusing on mandatory mediation, counseling, and family support programs in court. Participants will learn about the roles of lawyers, the importance of non-adversarial resolution, and the implications of non-compliance for divorcing parents. Key factors in court considerations for reconciliation are also discussed.