What is a fair price for professional FDR Services?

It depends.

Many members have enquired what is an appropriate price to put in the Family Court request for expressions of interest in FDR work for the Federal Circuit Court that was recently circulated to FDRP’s by the Attorney Generals Department.  This email notice required a fixed fee to be specified for the FDR services that are offered to the court.

As a member association we are very aware of the restrictions imposed by the ACCC, Trade Practices and our consumer laws about setting minimum fees and possible cartel behaviour. 

As I said above the price you charge depends on lots of things and is in your hands.

The Court document asks for a fixed fee while many mediators charge an hourly rate for their services. We are required to provide an indication of hourly rate under ethical standards. 

Some have a practice of charging an hourly rate to each participant for the same mediation taking a “one for me and one for overheads” approach.  Normally there is also two intakes and possibly time to write up an agreement after the mediation.

What is the court likely to consider when choosing FDRP’s for their blitz program?

Minimum Qualifications

That you are a Family Dispute Resolution Practitioner. 

If you have been holding yourself out as a Family Law Mediator but are not an accredited Family Dispute Resolution Practitioner you are excluded from this opportunity. Find out about training to become a Family Dispute Resolution Practitioner with Mediation Institute – CHC81115 – Graduate Diploma of Family Dispute Resolution 

Experience

How many years have you been doing this job. We do not know if they will be excluding newer FDRP’s but encourage you to submit your expression of interest.

You’ve got to be in it to win it and who knows how long this list will be the active one they use. 

Legal Qualifications

The Court is a court. Lawyers understand the rules of the court and the ways of judges. 

For property mediations particularly being a lawyer may be seen as an advantage, just as for difficult children’s matters being a social worker or psychologist may advantage you. 

Again with the post graduate qualification in Family Dispute Resolution you should be equipped to offer these services but time will tell if there is any sort of bias in the selection of mediators based on their other qualifications. 

Location – Location – Location

Just as in buying a property, where you are based may become a strategic advantage. 

Being the only available FDRP in Katherine, or Cobram or Kempsey may support a higher price that can be charged in Fitzroy or Redfern or Logan. 

But then again there may be more work available in these suburban locations so a lower competitive price may in the long run be in your interest.

Willingness to service circuit locations.  The Court is the Federal Circuit Court –  There are many country locations that do not have the resources that our city registries have access to.

What to charge for your services?

It would have been a lot easier if the court has published a rate that they will contract for and FDRP’s could then make a decision if it is worth their time to do the work.

As it is we are in a blind action type situation, intended or not.

Do you want to get known by the court and play a longer term game by offering a lower price now? 

Do you recognise that the clients are likely to be high conflict and harder work than your usual clients? 

Family law is recession proof. It is a gift that keeps on giving if you are reasonably capable.  You need to price your services at a sustainable level that take into account the number of hours that are likely to be involved.

You are effectively booking a long half day or full day of your time.  You may get finished earlier but you can’t really take on any other direct client work that day as things may drag on.  The court wants resolution if at all possible so you would do yourself a favour if you put in an extra hour or so to get a deal together as it’s the results that will decide if you get invited back to a second mediation.

One of the things that work being offered by the courts to practitioners is that you don’t have to go out and market your services to get work.  For many practices marketing may cost up to 30% of your income to keep clients coming to your door.  For this reason some people believe that you can justify a fair discount if the work is referred by the court.

Going rates

Some published prices that are out there to give you a feeling about “the going rate”

AIFLAM  https://www.aiflam.org.au/fixed-fee-mediation.php  AIFLAM members are generally legally qualified (although they don’t have to be). 

Joanne Law and I (Paul Kenna) are both members and Joanne is not a lawyer.  They have a fixed fee full day mediation for property mediations up to $750,000 property pool for $2,157 incl. GST  Parties would normally pay for their lawyers fees individually on top of this.

Relationships Australia Victoria  http://www.relationshipsvictoria.com.au/services/FDR/propertyconciliation/

RA Vic have been running property mediation for the Federal Circuit Courts in circuit locations in Vic NSW QLD & SA for the last couple of years.  In City Registries Registrar’s of the courts have jealously protected their running of these services, but in Circuit Courts these resources arn’t available locally.

RA’s commercial rates are based on $300 personal assessment (per Person) plus $1,000 per person for the preparation and one 3 hour mediation session.  So at $2,600 they are a bit dearer than AIFLAM.

Most practitioners and lawyers hide their costs from clients as if they are ashamed of them, and some lawyers ought to be. I have always made my costs agreements available on my website and have regularly published fixed fee services to help simplify individual choice.  Frequently I may not be the cheapest alternative but I have found that people would rather know a figure up front than to be kept in the dark.

Both my partner Joanne Law and I have submitted quotes to the Federal Circuit Court.  The prices are different reflecting the different levels of experience and speciality.  I suspect I will be considered for property mediations because of my long years of experience as a family lawyer. The type of mediation being proposed is not arbitration but one suspects that it will be higher along the spectrum towards evaluative mediation as the focus is on helping people to reach an agreement and get off the courts list. 

In the end my fixed rate was the same that I charge to appear in the court $1,500 + tax for a half day (to 1.00 pm) or $2,000 + tax for a whole day.  Jo’s charges were $250 less than these rates.  We’ll see how we go with the court as we may have left too much money on the table or we may miss out because someone under bids us at $100 per hour.

I recently participated (as lawyer) in a mediation ordered by the Federal Circuit Court. 

I was pretty doubtful as the parties were high conflict and we had a 2 day trial scheduled for Thursday and Friday this week.  After two and a half years working on the case it was amazing to see the parties finally take a practical outcome that suited both parties.  It was a far better outcome than taking on the risks of a trial and a Judge that could have decided either way.

 

Infidelity

Relationships Australia monthly survey for January 2018 was particularly topical considering the current high profile case of infidelity from the leader of the Nationals Party.

For those who are interested the survey results can be found here – https://www.relationships.org.au/what-we-do/research/online-survey/january-2018-infidelity/?utm_source=RA+Survey&utm_campaign=67f4dabae5-RA_Survey_Nov_2017&utm_medium=email&utm_term=0_737240dd35-67f4dabae5-331031681 InfidelityInteresting to note that many people make no distinction between emotional infidelity and sexual infidelity in terms of the level of damage it causes to the relationship.

Proposals and Agreements

We were doing feedback after a role play recently and the question of proposals and agreements came up.

When you are learning mediation your mentors will tell you not to rush to agreement.

One of the really common problems is the mediator trying to rush the parties towards an agreement before they fully understand and have the opportunity to consider what is being proposed. It is counter productive and doesn’t work.

Don’t think that the first time you see the parties coming up with options and making proposals that they have an agreement and definitely don’t try to lock them into them!

What’s your proposal?

You could think of proposals in Mediation as being reverse-marriage proposals.

When someone proposes marriage they usually get an immediate reaction without any questions about exactly what they expect the marriage to be like.

If the proposal is accepted then they start working out the when, what will the wedding be like, where will they live and some of the detail of their life together. All without knowing what is being proposed in any detail before they say yes.

If they say no they are rejecting the proposal based on an emotional response without much information about what life together the other person is proposing.

Exploring the proposal before you say yes or no.

If they used mediation to negotiate getting married the mediator would help them to explore the proposal before saying yes or no.

We’d probably have less work as FDR Practitioners if that became common practice.

Proposals and Agreements

Family Law Panel

Member Update
You may have received an email recently asking you to join a Family Law Panel that supposedly gives you an inside track to work with the Family Law Courts ADR diversion program.

You may not have received this email from AFLAM the Australian Institute of Family Law Arbitrators and Mediators who appear to share the concerns of Mediation Institute about this commercial offer that was quite misleading at first glance.

Peter Sheehy, Chair of AFLAM had this to say.    View Online 

[AFLAM] Members may have received an email in the last few days from an organisation called “Accredited Dispute Resolvers”, whose website is www.adr.org.au.

The email invites “accredited, available and local ADR practitioners” to join its Family Law Panel.  It is said that the Panel will “assist the Court, legal practitioners and litigants with the identification and allocation of work to Alternative Dispute Resolution”.

The cost of joining the Panel is $49.99 per month.  There are other conditions displayed on the memorandum attached to the email.

The Board of AIFLAM wish to advise our members that:-

  1. This is a private organization offering a service for a fee;
  2. This organization is not in any way affiliated with AIFLAM;
  3. AIFLAM holds and maintains the list of qualified arbitrators on behalf of the Commonwealth Attorney-General’s Department pursuant to Regulation 67B of the Family Law Regulations 1984. This Panel has no connection with that list; and
  4. The Board is not aware of the Federal Circuit Court (or the Family Court) having made any arrangement with this organization for referrals for mediations or arbitrations to practitioners on the organisation’s “Panel”.

We felt the need to share this communication from AFLAM to help ensure that our members also do their due diligence before signing up to a paid directory listing to a website that does not indicate who the site owners are. As it appears that there is no arrangement in place with the Family Courts for panel mediator work.

Attorney Generals Directory

A reminder to keep your information and profile up to date with the Attorney Generals department came out today.

This is a request and a reminder to please ensure that your practitioner record details, including your contact information, are kept up-to-date on the FDR Register.

The FDR Register is a publicly accessible resource and is the only reliable national list of accredited FDR practitioners. It is FREE for practitioners to register, and FREE for the public to access.

 The FDR Register is updated daily, and is available to practitioners who provide private FDR services (that is, not solely through a government-funded organisation).

 For practitioners currently appearing on the FDR Register, please check your listing and let us know if you would like any details updated.

 For those practitioners who do not currently appear on the register, but would now like to have their details published on the FDR Register, please advise by reply email and we will send you the required form to complete. If you do not have a physical location for your service, you can select ‘Rooms to be arranged’, so you can arrange with your clients when they contact you.

 I would also like to remind all FDR practitioners to update their complaints mechanism details. If you have changed employers or membership bodies for your complaints mechanism, but have not yet advised us, please ensure you do so as soon as possible. In cases where we receive a complaint about your FDR service, we refer it to the body nominated by you.  

 If you have any queries or require further information, please contact us:

Phone   1800 025 255

Web      www.ag.gov.au/fdrproviders

 Regards

 Kim

Practitioner Accreditation Unit – Family Law Branch

Attorney-General’s Department 

3-5 National Circuit BARTON ACT 2600

 Mediation Institute Directory

Mediation Institute has a directory for our members and we really encourage those of you who are looking for contract work to provide your information and photo for the Directory.

Not a member?

Joining Mediation Institute is only $120 a year ($220 for up to two years if you do not also accredit as a NMAS Accredited Mediator through Mediation Institute) and you can have a lovely full colour profile on our RMAB website and promotion as one of our FDR Practitioners if you are a FDR Practitioner.

In addition to the directory listing you can access all of our Web based CPD activities for free as well as member discounts on any fee for service training and courses.

Membership Profiles for FDR Practitioner Members.  https://rmab.mediationinstitute.edu.au/fdr-practitioners/

Mi Directory Snap Shot

We do not promote non-FDR Practitioners as Family Law Mediators.

Join Mediation Institute as a FDR Member