Generally, mediation as a way of resolving family disputes has been increasing and there are more court associated, community-based and private mediators available. Two recently commissioned government reports on the operating of the Family Law Act have supported the extension of mediation services and a pilot mediation project was recently established at the Family Court. It is important to explain the meaning of the terms used in the area of alternative dispute resolution. Arbitration means the resolution of disputes between individuals through the use of a third person but does not involve a formal, public court hearing. Mediation means the provision of private advice by a professional in the area of inter-personal relationships to assist individuals to resolve disputes through mutual agreement.
Counselling is similar to mediation, but also involves a therapeutic focus.
Each Registry of the Family Court has a Counselling Service and there is a system for registration of approved 'marriage counselling' organisations like Centacare and the Marriage Guidance Council which are eligible to receive government subsidies. Other organisations which provide marriage counselling as a part of their activities, mainly churches and charities, can also be approved by the Attorney-General and are referred to as 'voluntary counselling organisations'. There is provision for mediators to be registered under the Family Law Act, although in practice this has meant that only court mediators have been approved because of requirements for legal protection. Mediation and violence Feminists have highlighted the fact that mediation of family disputes is inappropriate in situations where there is a history of violence and in 1991 the National Committee on Violence Against Women recommended that disputes involving violence against women not be in mediation. While it is clear that violence against women in general in the community is high, it is particularly prevalent during separation and divorce.