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Impartial, confidential mediation ?

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I had three mediation sessions with my child's mother, with the last being at the end of last year. Recently I sought further mediation.

After visiting the FRC office and giving my reasons for seeking mediation an appointment was made. I then received a message from the centre's secretary stating 'the mediator says this is not a matter suitable for mediation'. After questioning why, i then received a call from the mediator.

I was told (By the mediator) that the file had been closed some months ago and since then a conflict of interest had arisen. The mediator said he had been 'connecting with the other party on a social basis, 'over coffees and such'. He said the initial reason given was motivated by a desire to keep his social life private (from his secretary).
The Mediator said
I tried to fob you off earlier
As it turns out the term 'socially' is a gross understatement.

I have been looking for advice on where to go from here and getting answers initially proved frustrating. I find myself questioning the entire mediation process. I wonder whose interests have been served. My questions centre around whether a mediator can be involved with a party socially after the mediation process has been closed. I was not informed it was closed. I was not informed further mediation was no longer possible. Obviously the other party must have known these details.

The reasons for seeking further mediation are sensitive and I am appalled that the ex-mediator has knowledge of their nature due to having to say why I wanted further mediation when applying.

Also the mediator and myself had a prolonged discussion about my reasons for wanting further mediation… he told me that he could still give impartial advice. on a surface level I trust that confidentiality won't be broken. However, recent changes in the other party's behaviour have led me to conclude that she is receiving advice on how to act.

At first I found these changes reassuring and I believe the mediator is trying to help. The reality is this advice weakens the chances of effectively resolving the issue that led me to seek mediation. The surface level confidence might be easy to live by but how can anyone say that they wont apply the information they possess on a more subtle level, or make a 'slip'.

I sought advice and consequently sent a letter to the mediator and another to the director of his organisation.  :| {Edited by an admin for clarity only  :wub: }
For the public readers there is a lot more to this matter that has been discussed. There appear to be a number of people going to the FRC centres who are entirely dissatisfied. They are making a number of complaints. The issues are primarily around use of external reports to disadvantage the "spends time with parent", significant delays, lack of resolutions, bogged down in procedural delays. We are aware of the detail in this case and this particular case takes the cake for the most unusual complaint that has come across our table.

How are things currently? Have you managed to get a certificate to start proceedings?

Executive Secretary - Shared Parenting Council of Australia
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I have obtained the certificate. As yet i have not started proceedings and to be honest I would rather not. However, i have taken your advice on board and i understand that Federal Magistrates court orders may be the most appropriate course of action. One look at the SRL quiz made the scope of this undertaking very clear. I have much to learn.

I have obtained advice on how to proceed with regards to the mediator.

The issues that led me to seek further mediation ARE absolutely outside a mediator's ability to deal with. That he has information about these issues is wrong.

His ongoing involvement with the other party is ethically corrupt.

If he can't see why this is wrong he should not be practising as a mediator.

The FRC is investigating.
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