A Lawyer and a Mediator Walk into a Bar

In this weeks episode, Dianne and Paula unpack the often-overlooked differences between engaging in mediation through private practice versus government funded family dispute resolution. While the core principles of mediation remain consistent, confidentiality, neutrality, and the assurance that what’s said can’t later be used against you in court the path to the table and the environment in which those conversations unfold can look very different.From the role lawyers play, to the accessibility and structure, the episode explores the nuances that shape people’s experiences in mediation. Dianne and Paula break down the practical realities, highlighting that family dispute resolution isn’t black and white, it’s a process influenced by context, approach, and the space in which families try to resolve conflict. Hosted on Acast. See acast.com/privacy for more information.

Paula’s still in Tonga, and this week’s episode is for the animal lovers. 🐾With recent changes to Australia’s Family Law Act, companion animals, from dogs and cats to birds, bunnies, and beyond are getting new legal recognition in separation. Paula and Dianne unpack what the law now says, how to navigate disputes with compassion, and why pets deserve more than just a property label. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Paula dials in from Tonga, where she’s currently on secondment helping to establish a new family law service. She and Dianne explore the latest changes to Australia’s Family Law Act, with a focus on one of the most significant updates: the formal introduction of a duty of disclosure.For the first time, the legislation places a clear obligation on practitioners to inform clients of their responsibility to disclose financial and other relevant information during separation. Paula and Dianne break down what this means in real terms, why it’s so important, and how it aims to create more transparent, equitable outcomes.Whether you're a family law professional or someone navigating the system, this episode offers practical insights and just a little island breeze. 🏝️ Hosted on Acast. See acast.com/privacy for more information.

In this episode, Paula joins Dianne from her secondment in Tonga, where she’s helping to set up a new women's and children's legal service. Together, they unpack the significant June 2025 changes to Australia’s Family Law Act with a focus on how financial and property matters are set to shift during relationship breakdowns.Whether you're a legal professional or navigating family law personally, this episode brings clarity, practical insight and a little island breeze. 🏝️ Hosted on Acast. See acast.com/privacy for more information.

Dianne and Alina explore a commonly misunderstood fact, mediation can still be an option even when a Family Violence Order (FVO) is in place. With appropriate safeguards, Family Dispute Resolution (FDR) can proceed safely and respectfully, helping families make parenting arrangements that prioritise the child’s best interests. While the presence of a protection order signals risk, it doesn’t automatically exclude FDR, especially when the law encourages meaningful, safe contact between children and both parents. This episode wraps up the series by highlighting how even in complex situations, mediation remains a valuable, structured path forward. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina debunk the common belief that separation inevitably leads to court. While emotions can run high and threats of litigation are often made, the vast majority of family law matters are resolved without ever stepping into a courtroom. They explain how Family Dispute Resolution (FDR), alongside legal negotiation, helps most families reach agreements, saving time, money and emotional energy. Court is usually a last resort, not the default. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina break down what “full and frank disclosure” really means in a financial separation and when formal discovery might be unnecessary. Whether you’re working with a mediator or a lawyer, both parties must share enough information to make informed decisions. The key difference? FDR mediation can achieve the same legally binding outcomes without the costly and often excessive discovery process. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina remind listeners that you are the one in charge when working with a lawyer. Your lawyer acts under your instructions, not the other way around. They explore how clearly communicating your goals and boundaries helps you stay in control of both the process and the costs, leading to better outcomes in your family law matter. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina discuss why lawyers sometimes recommend government funded Family Dispute Resolution (FDR) services, despite long waitlists. While you wait (often two months or more), progress stalls, tensions rise and disputes can deepen. Lawyers may indirectly benefit from delays because prolonged conflict means more billable work. Understanding this dynamic can help you make more informed choices about your separation journey. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina clarify that you’re not required by law to involve lawyers or barristers to participate in Family Dispute Resolution (FDR) mediation. FDR practitioners are specially trained in family law and conflict resolution, focusing first and foremost on the best interests of the children. They help both parties communicate and find practical, tailored solutions without getting caught up in legal battles. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Dianne and Alina explore why starting with Family Dispute Resolution (FDR) can lead to better outcomes for everyone involved. Early mediation helps reduce conflict, supports healthier communication and keeps the process non adversarial, something even lawyers acknowledge. It’s a calmer, more constructive way to begin the separation journey. Hosted on Acast. See acast.com/privacy for more information.

Many people assume lawyers decide if mediation is appropriate, but that’s not true. In this episode, Dianne and Alina explain that under the Family Law Act, only accredited Family Dispute Resolution (FDR) Practitioners can make that call. As impartial professionals who hear both sides early on, FDR mediators are best placed to assess whether mediation is suitable, safe and practical. Hosted on Acast. See acast.com/privacy for more information.

Mediation is often unavoidable in separation and unless there are serious safety or practicality concerns. In this episode, Dianne and Alina discuss why you’ll likely need to engage in Family Dispute Resolution (FDR) at some stage and how choosing mediation early can save you tens of thousands in legal fees. Hosted on Acast. See acast.com/privacy for more information.

Getting a letter from your ex’s lawyer can feel intimidating but here’s the truth: You don’t have to respond right away, hire a lawyer or meet their demands on their timeline. In this episode, Dianne and Alina explain why it’s okay to pause, take a breath, and explore your options. Support from a Family Dispute Resolution professionals can help you make informed, confident decisions on your terms. Hosted on Acast. See acast.com/privacy for more information.

In Season 3 of A Lawyer and a Mediator, we’re cutting through the confusion of separation with ten straight-talking, mythbusting mini episodes. This season is all about the 10 Things You Need to Know but a Lawyer May Not Tell You. The practical, often overlooked truths that can save you stress, time and thousands in legal fees.With Paula away on sabbatical in Tonga, Dianne is joined by fellow mediator Alina. Together, they unpack the most common misconceptions that keep separating couples stuck in conflict or locked into expensive legal battles they don’t need.Each bite sized episode tackles one key insight in clear, down to earth language, offering empowering alternatives and real solutions from a mediator’s perspective. Whether you're navigating property, parenting or just figuring out where to start, this season delivers clarity when you need it most.Because when you know better, you can choose better and that’s what this season is all about.You can also download the full "10 Things" document at www.baysidemediation.com.au Hosted on Acast. See acast.com/privacy for more information.

In this week's episode of A Lawyer and a Mediator Walk into a Bar, Dianne and Paula discuss the roadblocks their clients face when dealing with family violence. From legal complexities to emotional barriers, they explore the challenges that can make seeking help difficult. They also highlight the crucial role of police in ensuring that people feel safe and supported when seeking assistance at stations. The importance of dedicated Domestic Violence Officers is a key focus, as they provide essential guidance and understanding for those in crisis. Plus, they shine a light on the incredible people working in support services and the impact they have on those affected. A must-listen episode on the realities of navigating the system and the support available.Trigger WarningSeason 2 of A Lawyer and a Mediator Walk into a Bar contains discussions around sensitive topics, including domestic and family violence. These conversations aim to raise awareness, provide support, and explore solutions for those affected.We understand these topics may be triggering or distressing for some listeners. If you feel affected, we encourage you to prioritise your wellbeing.Support services such as 1800RESPECT (Australia) or local helplines in your area are available to assist.Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.

In this week's episode of A Lawyer and a Mediator, Dianne and Paula tackle the challenges of dealing with narcissists and other difficult personality types during the family separation process. They share practical strategies for managing high conflict situations, protecting your emotional wellbeing and ensuring a fair outcome. Whether you're facing a challenging ex-partner or supporting someone through a tough separation, this episode provides valuable insights to help you navigate the complexities with confidence. Hosted on Acast. See acast.com/privacy for more information.

In this episode of A Lawyer and a Mediator Walk into a Bar, Dianne & Paula dive into the concept of privilege and how it applies in both legal and mediation settings. Dianne and Paula, explore what privilege means for lawyers, how it protects client confidentiality, and the crucial differences when it comes to the mediation process. Whether you're navigating a legal dispute or considering mediation, understanding privilege can help you make informed decisions.Tune in for valuable insights, practical examples, and their usual touch of humour as Dianne and Paula break it all down.Trigger WarningSeason 2 of A Lawyer and a Mediator Walk into a Bar contains discussions around sensitive topics, including domestic and family violence. These conversations aim to raise awareness, provide support, and explore solutions for those affected.We understand these topics may be triggering or distressing for some listeners. If you feel affected, we encourage you to prioritise your wellbeing.Support services such as 1800RESPECT (Australia) or local helplines in your area are available to assist.Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.

This week on A Lawyer and a Mediator Walk Into a Bar, Dianne and Paula tackle the complexities of domestic violence from a legal perspective, aiming to provide clarity without overwhelming their listeners.Dianne and Paula, discusses the various legal components of domestic violence, including intervention orders, custody considerations and the role of family law in protecting survivors. They address common misconceptions, highlight key legal processes, and explore how these measures intersect with mediation and conflict resolution.With their trademark blend of expertise and approachability, Dianne and Paula guide listeners through this challenging topic, offering practical insights and a better understanding of how the law supports those impacted by domestic violence.Whether you're a legal professional, mediator, or simply interested in the topic, this episode sheds light on an important issue in an accessible and engaging way.Trigger WarningSeason 2 of A Lawyer and a Mediator Walk into a Bar contains discussions around sensitive topics, including domestic and family violence. These conversations aim to raise awareness, provide support, and explore solutions for those affected.We understand these topics may be triggering or distressing for some listeners. If you feel affected, we encourage you to prioritise your wellbeing.Support services such as 1800RESPECT (Australia) or local helplines in your area are available to assist.Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.

This week on A Lawyer and a Mediator Walk Into a Bar, Dianne and Paula are joined by Ashton Wood, the inspiring founder of DV Safe Phone. Ashton shares the story behind this simple yet powerful initiative that provides refurbished mobile phones to survivors of domestic violence, offering them a vital connection to safety and support.In this episode, Ashton breaks down how DV Safe Phone works, from collecting unused phones to distributing them through trusted networks. He talks about how we can all play a role in supporting survivors by connecting them with this resource.Join us for an insightful and uplifting conversation about how a small gesture of donating an old phone, can make a big difference in someone’s life. You’ll leave inspired by Ashton’s work and the transformative impact of DV Safe Phone. Hosted on Acast. See acast.com/privacy for more information.