MEDIATION, ARBITRATION & PARENTING COORDINATION
MEDIATION
As a mediator, Cassandra Kalpaxis provides an impartial and neutral mediation presence, there to facilitate discussion between the parties and help you resolve your dispute outside of the courtroom.
Both parties get the chance to have discussions that they haven’t been able to previously, and to do so under the guidance of Cassandra as mediator who aims to direct the process towards a resolution. Cassandra ensures communication remains respectful, with the aim of the parties reaching an agreement in order to save time and money by keeping things out of court.
Mediation is confidential process. What occurs during mediation will not be subpoenaed by the court, as it is a protected space.
Mediations take place in comfortable environments, which may be the boardroom at Kalpaxis Legal or in separate rooms where safety may be an issue, or via phone or video conference. Before the mediation, Cassandra meets both parties separately to understand their goals and issues at hand. The meeting is then facilitated by Cassandra, usually following an agenda. Both parties get equal time to voice their concerns on each issue and look at possible solutions.
You are welcome to bring a support person with you to your mediation, such as other collaborative and allied dispute resolution professionals, which may be your accountant, psychologist, counsellor, health coach or therapist who is there to provide input and support during the mediation journey. Your support person may also include your lawyer, a friend, a family member you trust, or another person of your choosing.
Mediation involves many areas of a dispute, ranging from ascertaining financial and non-financial contributions, discussions around the selling or refinancing of property, rental income uses, superannuation and more. Where children are involved, mediation can include issues ranging from spending time with the children, schooling, medical and health care, concerns involving extended family members, new members, new partners and much more.
PARENTING COORDINATION
Parenting Coordination is a child-centred, alternative dispute resolution technique aimed at reaching parenting resolutions focused on the best interests and outcomes for the children. Parenting coordination helps separated and divorced parents sort out issues with respect to parenting orders or a parenting plan, and can be particularly useful where there is daily conflict or when co-parenting has not been successful. In these cases, Cassandra Kalpaxis as Parenting Coordinator helps de-escalate the conflict using collaborative practice so that separated parents can work alongside each other to make decisions together. Reducing parental conflict is a practice in the best interest of the children.
It is important to understand that parenting coordination is a reportable, transparent process and unlike mediation, is not confidential. This means that Cassandra as your Parenting Coordinator is obliged to keep notes on what has taken place during the sessions for a period of seven years, and may be subpoenaed in court for cross-examination or to give evidence. Where you have been court ordered to attend parenting coordination, you must attend these sessions. Cassandra can help.
CHILD INCLUSIVE MEDITATION
When you are going through meditation as a parent, it is often the children’s voices that are not heard in the process. Child inclusive mediation is about involving the children through playful means to illicit the impact the dispute is having on the children. Child inclusive mediation provides parents with clarity around what the children may need to be able to transition through the process with as little disruption as possible.
As a child inclusive mediator, Cassandra Kalpaxis will sit with the children and engage them in playful ways to ascertain their needs and feelings. Cassandra then reports back to parents in the context of the mediation.
Child inclusive mediation is an extremely powerful technique in reaching resolution because parents can better understand what needs to be resolved for their children’s best interests. It is only too easy to assume you know how your child is feeling, however with child inclusive mediation, once parents can see for themselves how their child will present about the issues at hand, it becomes a powerful tool, and can change the conversation between two parties to become child focused in one afternoon.
ROUND TABLE CONFERENCES
Round table conferences are a style of alternative dispute resolution available for people who might not be able to afford mediation and are wanting to settle outside of court, and for people who have a number of disputes and are looking for support to simplify the complexity of their matter.
Round table conferences are arranged so that each party has the opportunity to confidentially express their concerns with their legal representative present during the discussion.
Where resolution has not occurred, the round table conference is centred on narrowing the issues in dispute from a multitude down to one, saving time and money if the matter goes to court.
ARBITRATION
Cassandra Kalpaxis can be engaged as Arbitrator to make decisions similar to what a judge can do. Arbitration is an alternative dispute resolution process where both parties present their evidence and case before the arbitrator for determination without involving court. The benefits of engaging Cassandra as an arbitrator is that a decision will be made within 28 days of an arbitration, compared to it taking two or three years through court.
Kalpaxis Legal is one of a few law firms who advocate for arbitration.
We support this form of dispute resolution as it provides a quick and easy turnaround for the parties involved.
Arbitration takes the stress of attending court out of the equation, as an arbitration can simply be done in our boardroom at Kalpaxis Legal.
Arbitration is an informal process where you are in control of how it runs.
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