1. FAMILY Mediation – Why Wait?

2. Section 8 requires:-
(1) In all matters in issue between [spouses, civil union partners, or de facto partners] that are or may become the subject of proceedings under this Act or the Care of Children Act 2004, every barrister or solicitor acting for a [spouse, civil union partner, or de facto partner] shall—
(a) Ensure that the [spouse, civil union partner, or de facto partner] for whom the barrister or solicitor is acting is aware of the facilities that exist for promoting reconciliation and conciliation; and 
(b) Take such further steps as in the opinion of the barrister or solicitor may assist in promoting reconciliation or, if reconciliation is not possible, conciliation.

3. (2) Every barrister or solicitor who—
(a) Is acting for a [spouse, civil union partner, or de facto partner]; and
 (b) Applies to the Court to have set down for hearing any matter in issue between the [spouses, civil union partners, or de facto partners] under this Act or Care of Children Act 2004
shall certify on the application that he has carried out his responsibilities under subsection (1) of this section.

4. Section 12 requires :-
A counsellor to whom a matter is referred under section 9 or section 10 of this Act—
(a) Shall explore the possibility of reconciliation between the [spouses [[, civil union partners, or de facto partners]]]; and
(b) If reconciliation does not appear to be possible, shall attempt to promote conciliation between the [spouses [[, civil union partners, or de facto partners]]].

5. Section 19 requires:-
(1) In all proceedings under this Act between [spouses or civil union partners] (other than proceedings under section 27 or section 29 or section 32 of this Act), and in all proceedings under the Care of Children Act between [spouses[[, civil union partners, or de facto partners]] ] for any order [about the role of providing day-to-day care for a child, or about contact with a child], the Court shall—
(a) Consider from time to time the possibility of a reconciliation between the [spouses [[, civil union partners, or de facto partners]]],or of conciliation between them on any matter in issue; and

6. (b). Take such further steps as in its opinion may assist. in
(b) Take such further steps as in its opinion may assist in promoting reconciliation or, if reconciliation is not possible, conciliation

7. AMINZ as an organisation should be:
Not waiting for the implementation of sections 12D to 12J of the Family Proceedings Act 1980 or sections 46D to 46 ZF of the Care of Children Act 2004;
Developing the models of mediation to be used in Family Mediation

8. Establishing the criteria to determine who should be on the list of mediators able to accept appointment by the Family Court.
Encouraging Court staff to recommend to parties involved in Family Court disputes that mediation is already a viable option.

9. Section 23A of the Legal Services Act 2000 provides:
Private mediation
(1) In this section, private mediation means any mediation other than mediation that is—
(a) ordered by a court; or
(b) part of a court process or proceeding; or
(c) part of a dispute resolution process under any enactment.

10. (2) The Agency may fund legal services related to private
(2) The Agency may fund legal services related to private mediation in respect of any matter for which legal aid may be granted under section 7 if the Agency is satisfied that—
(a) the matter is suitable for private mediation; and
(b) there is a reasonable likelihood that private mediation will resolve the dispute or part of the dispute.