Webinar recording | The intersection of Family Dispute Resolution and family violence: implications for evidence gathering and mediation confidentiality
16 October 2020
It is well accepted that family violence generally leads to poorer well-being outcomes for children. Appropriately, the (Aust) Family Law Act prioritises family violence as a factor of importance in the determination of a child’s best interests. The need to address family violence has led to calls, by some, to remove the limited evidential protections offered to Family Dispute Resolution (FDR).
This webinar considers data from a sample of 414 cases before the Federal Circuit Court and considers how often FDR actually occurred when family violence was alleged, what other services parties had engaged with and the probative value of evidence that might be obtained from FDR and each of these other services. Finally, this webinar explores, in an evidence informed fashion, what might be gained and what would be lost by interfering with mediation confidentiality.
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About the presenter
Judge Joe Harman
Judge Harman was appointed to the Federal Circuit Court of Australia in June 2010.
Prior to joining the Court, Judge Harman had, for over 25 years, worked in private practice as a lawyer and as a mediator/FDRP in private and community (FRC) practice. Judge Harman has also lectured in family law at the University of Western Sydney and presently lectures at Sydney University.
Judge Harman received a NSW Premier’s Stop Domestic Violence award in 2005, was a finalist for the National Children’s Lawyer of the Year Award in 2010, a finalist for the Australian Human Rights Commission Law Award in 2013 and in 2015 received a Resolution Institute award for promotion of excellence in dispute resolution. Judge Harman is presently enrolled in the PhD program at Bond University researching the impact of confidentiality upon obtaining and presenting evidence of family violence.
Outside of practice, for many years Judge Harman was involved in community radio presenting program on legal issues as well as a long running children’s program “Dream Time.
Accessing the webinar
We will email you a link to the webinar recording as soon as you register for it. The link to the recording of this webinar will remain active for at least 3 months from the date of purchase. After the webinar has run, we consult with the given presenter as to whether extended availability is possible, we are therefore not able to guarantee access beyond 3 months.