FREQUENTLY ASKED QUESTIONS
What work does the Panel undertake?
Conferences are arranged where there is at least one legally aided party, prior to commencement of proceedings, and in the course of litigation under the Family Law Act. 1975 (Cwth). Some litigation intervention is Court ordered.
Conferences are also held for persons seeking to vary contact pursuant to section 86 of the Children and Young Persons Care and Protection Act., 1998 (NSW))
From time to time other matters may be undertaken e.g. Appeals to the District Court in Care matters or Hague Convention matters.
Appointment to the Panel would initially require early intervention work. Other specialist panels are established within the Panel and require special expertise e.g. Litigation Intervention conferences are only conducted by experience family lawyers. There is also a cohort of “in house” FDRPS who support the panel.
Where is the work performed?
The FDR Service Unit has a number of conference rooms at 302 Castlereagh Street, Sydney and, in addition, maintains a register of other suitable rooms throughout NSW. About 66% of the work is conducted by telephone.
Mediators with suitable facilities may obtain approval to conduct telephone conferences from their own premises.
What remuneration is made?
Mediation fees are set by the Legal Aid Board.
Mediators are currently paid $400.00 for an Early Intervention Conference; $500.00 for Litigation Intervention and $650:00 for Care and Protection Conferences. GST is added where appropriate.
Where a conference is cancelled by Legal Aid NSW, at short notice (on the day of the conference), and Legal Aid is of the view significant inconvenience is experienced by the Mediator the mediator can claim half the relevant fee.
What is the duration for the conferences?
Most conferences last for 3 to 4 hours.
What supervision and training is available?
The Senior Mediation Co-ordinator maintains a collegiate atmosphere. In house mediators are always at hand for assistance and telephone debriefing. Training sessions occur in Sydney 4 times a year. A full day of training is held prior to Christmas. Some mediators access this training remotely. Attendance at training is not renumerated.Attendance in person is generally required for the end of year full day. . Informal telephone meetings of small groups will be held on a regular basis.
Co-mediation with an in house or external mediator is a supervision tool and there is a facility to record conferences.
Applicants should familiarise themselves with Schedule 1 of the Service Agreement.
How are complaints dealt with?
Legal Aid NSW Complaints Policy can be accessed at http://www.legalaid.nsw.gov.au/contact-us/feedback-complaints/complaints.
What are the arrangements for intake?
The mediator panel is supported by a team of 30 conference organisers who assess the suitability of the matter for mediation. The matter is referred to a mediator only after an appointment has been made by the parties. The mediator retains the right to terminate the conference in appropriate circumstances.
What are the reporting requirements?
Electronic reports must be submitted within 48 hours of the conference. Reports include statistical information, time taken, agreements, any other matters of concern and a recommendation as to the suitability of the applicant’s application for legal aid.