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Lockdown lifts, but tensions may remain, says best graduating FDRP Renee Toy

Published:
07 Jul 2020
News
Lockdown lifts, but tensions may remain, says best graduating FDRP Renee Toy

Mediator and former family lawyer Renee Toy knows human conflict does not pause, even during the Great Pause of 2020. Renee was recently recognised as the College’s best graduating student of Family Dispute Resolution Practice (FDRP), a prize generously sponsored by Barry.Nilsson.Lawyers.

We spoke to Renee about graduating during lockdown, what attracted her to FDRP, and her reflections and hopes for FDRP as practitioners around the world emerge from indoors.

“When I was a family lawyer, I always enjoyed participating in roundtable conferences and mediations with clients,” said Renee. “I was always interested in learning more about alternative dispute resolution, so the College of Law felt like a natural progression for me.”

 

Easing the emotional toll of family conflict

During her time in family law, Renee had seen up close the financial and emotional toll wrought by protracted court proceedings and negotiations.

“It was always heartbreaking,” said Renee. “In a lot of cases, families can end up with more conflict, not less.  To me, family dispute resolution offers an opportunity for people to be truly heard. This can help parties work through and move on from past hurt, and hopefully communicate better going forward.”

This is particularly important when young children are involved, and co-parenting arrangements need to be made for years to come.

“In FDR, parties are asked to work together to come up with a resolution that is going to work for them and their children,” said Renee. “Problem-solving their own outcome will hopefully reduce the chance of further conflict, and the need for further court intervention. If a court is necessary to achieve an outcome for the parties, FDR can help narrow the issues that require a court decision, which will save people time and money.

“FDR can be tailored to a family’s needs,” said Renee. “We can adjust the process to ensure parties are negotiating on an even playing field, such as shuttle or video conferencing, or through a lawyer-assisted mediation.”

 

Contributing to a growing field

Moving to FDRP suited Renee’s personality, disposition, and skills.

“As soon as I started the course, I wondered why I didn’t do it sooner!” said Renee. “I get a lot of satisfaction from this work, and I found study really engaging and challenging the whole way through.

“I really soaked up as much knowledge from the convenor and coaches as possible. It was great to meet so many successful practitioners and hear their tips and tricks of the trade throughout the course.”

Frequent feedback helped Renee develop her own mediation style as she grew her practice. 

“The group workshops and role-plays gave me the opportunity to learn from others and think about different approaches and styles in mediation,” said Renee.

“I hope I can contribute to the growth of family dispute resolution in Canberra, and band with other FDRPs to show the benefits of facilitative mediation in helping families through conflict,” said Renee.

 

Towards a facilitative family law model

Much of Renee’s work focuses on the facilitative model of family law dispute resolution.

“I think there are still a lot of opportunities to educate clients and lawyers about the benefits of this type of mediation. Most family mediation I’ve previously encountered in family law involved settlement-style conferences or evaluative mediation, so I wasn’t exposed to the facilitative model.

“While settlement conferences have an important role and can benefit many parties, there is also much value to be found in facilitative family dispute resolution,” said Renee. “In this space, practitioners can give parties an opportunity to feel heard about what has led to the conflict and help them move on from that.

“In parenting matters, FDR can address conflict and poor communication in a way that will hopefully improve a co-parenting relationship and communication going forward. Too many people are locked in court proceedings and can be left waiting months or years for a final decision. Many families are also enduring long waiting periods for mediation through the Family Relationships Centres.

“I hope I can help deliver workable outcomes for families and save them time and costs they might otherwise spend taking their matter to court.”  

 

Lessons from lockdown for more flexible FDRP

“I think COVID-19 has forced FDRPs, mediators, and lawyers to think flexibly about the services we offer,” said Renee.

This prompted Renee, alongside fellow family law practitioners, to adapt her processes to suit different individuals and families when face-to-face meetings were not possible.

“Even a year ago, the main alternatives to a face-to-face mediation would be a phone or shuttle mediation,” said Renee. “Now there is a range of video platforms that offer virtual break-out spaces and private rooms so parties can participate in a mediation online. I’ve been educating myself on the use of Zoom and other platforms in family dispute resolution and mediation, and the use of breakout rooms, sharing screens and other features you can use in this space to assist in resolving disputes.

“I think video conferencing, even in a shuttle style where the parties don’t see each other, can offer a safe way to participate in mediation when someone doesn’t feel comfortable in the same room or on the same premises as the other party,” said Renee.

“There are of course challenges to using these platforms, such as reliability of internet access and the need to ensure confidentiality in the process,” said Renee. “It’s no doubt been a challenging time for clients and practitioners alike but we’re fortunate to be able to stay connected with the range of communication platforms available.” 

Moving forward, Renee encourages her fellow practitioners to take a longer-term view.

“As restrictions ease, it’s important to recognise that tensions and anxieties may not ease with them, and in some ways may be heightened,” said Renee. “For example, parents may have different views about whether their kids should be going back to their sports, travelling interstate, or who they should be in regular contact with. So, we need to be conscious of these potential anxieties and conflicts as people navigate the uncertainty, do our best to empathise, and help parties work through these issues.”

  • Practitioner
  • Family Law
  • FDRP
  • Family Dispute Resolution Practice
  • Careers in Law
  • Graduate Stories
  • LLM
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Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Defining success in life and law

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Defining success in life and law

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

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What’s so special about specialising? The ins and outs of becoming a specialist lawyer

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Dress for success: How clothes impact your performance and power

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Dress for success: How clothes impact your performance and power

What you wear has been proven to impact how you feel and perform, it has also been shown to influence how others perceive and respond to you. Given these findings what you wear to the office, a client meeting, to court, or even a job interview, matters. Experienced style expert and author, Dijanna Mulhearn, provides her expert tips on how lawyers can take their look and feel to the next level and dress for success at work.

Graduate Certificate in International Arbitration Practice Course Guide

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Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

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Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

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Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
How ESG will impact your area of practice in law

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How ESG will impact your area of practice in law

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

The future has never looked brighter: words from our CEO on the College’s big move

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The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

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A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Find purpose and fulfill your potential: How to decide which career path to pursue

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Find purpose and fulfill your potential: How to decide which career path to pursue

So how do you know what path to pursue when you don’t have a clue? Here are 6 strategies to help you find a career that’s right for you. 

Navigating Family Law Changes: Insights from the LLM Program

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Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Reclaiming your career after a career break

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Reclaiming your career after a career break

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

How to get a government job in law: everything you need to know

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How to get a government job in law: everything you need to know

Embarking on a legal career in local, state, or federal government can be an exciting move. There are many pathways for development, a broad range of practice areas, and often a healthy work-life balance. These roles are highly rewarding, and highly competitive, the College of Law tells you everything you need to know about landing a government job in law.

The legal ramifications of the Queen’s death are surprisingly small

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The legal ramifications of the Queen’s death are surprisingly small

We talk to the College of Law’s Adrian Deans, Academic Policy & Quality, James Crittenden, Head of Short Courses and CPD, and Lewis Patrick, Chief Academic Officer, about some of the pragmatic impacts of the Queen’s passing on the law and Australian legal profession.

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

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3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

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Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

Starting a business is never easy. What step should you take first? How do you negotiate the ins and outs of your legal requirements if you’re not a lawyer? Even for a seasoned lawyer these steps are complicated…And what if you also face unique cultural considerations and complexities?

Australia's Legal CPD Requirements by State

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Australia's Legal CPD Requirements by State

This is your guide to Continuing Professional Development (CPD) requirements for lawyers across each Australian state. The CPD year runs from 1 April to 31 March, except for Tasmania, where it runs from 1 May to 30 April.

Graduate spotlight: Stella Richards on how the shift from health to law was like ‘learning a new language’

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Graduate spotlight: Stella Richards on how the shift from health to law was like ‘learning a new language’

Since completing her Practical Legal Training (PLT) at the College in 2023, Stella Richards has been a valued part of the commercial team at leading Australian law firm Russell Kennedy. But she started out in a different field entirely. Stella’s story shows that hard work, determination and a good deal of courage can lead you to your perfect career – even if you change direction once or twice along the way.

How to get into Wills & Estates with Rick Christie

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How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Your Guide to a Career in Property Law

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Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

How to Become a Partner Guide

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How to Become a Partner Guide

This guide will help you navigate the first steps towards becoming a partner. It will help you reflect on your own motivations, assess your skill set, and determine the best path forward in your career.

New Resolution Institute and The College of Law partnership to maximise skills and experience

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New Resolution Institute and The College of Law partnership to maximise skills and experience

Resolution Institute and The College of Law are pleased to announce an exciting new partnership aimed at establishing a symbiotic cooperation which will maximise the resources of both organisations through mutual collaboration and the sharing of expertise and efforts in education and training.

Major changes ahead with the Family Law Amendment Bill 2023 in progress

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Major changes ahead with the Family Law Amendment Bill 2023 in progress

Major changes are coming that will impact the family law system and the way practitioners operate in Australia. The Family Law Amendment Bill 2023 is currently under debate in parliament and after its third reading, it is now under review with the Senate Legal and Constitutional Affairs Legislation Committee. The College of Law will provide legal training support when the Family Law Amendment Bill commences, but in the meantime, we spoke with College of Law adjunct lecturer Kathryn Kearley to find out about the most important changes.  

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