Should We Mediate Our Family Dispute?
Should We Mediate Our Family Dispute?
Mediation is often a cost-effective and efficient and means of resolving family law disputes regarding property and/or custody.
What is mediation?
Mediation is a negotiation process in which an independent third party, known as the mediator, assists parties to identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement which reflects the key objectives of the parties.
Mediation is focused on collaboration, not conflict. It offers a respectful environment to discuss difficult issues and reach resolutions without the stress and expense of court proceedings.
Should we mediate our dispute?
If you and your former partner are in conflict, however, wish to resolve your dispute with less intervention from a third party, mediation is a forum which ensures you and your former partner drive the process and the outcome. Mediation allows parties:
more control in the process and the outcome;
to engage in a less formal and less intimidating environment than appearing in Court; and
provides an efficient, speedy and significantly less expensive method to empower parties to settle their matter.
Settlement of a dispute through mediation can assist to preserve a working relationship and is, therefore, particularly beneficial for separated parents who will continue to communicate and care for their children together. Mediation can also be helpful if there is the potential for a negotiated outcome that better suits the needs and interests of the parties than a judge’s decision, or if there is a possibility that a judge’s decision will not end the dispute.
Family Law Amendment Act 2024 – Effective 10 June 2025
The Family Law Amendment Act 2024 was passed by the Australian Parliament on 10 December 2024 and came into effect on 10 June 2025 (the “Amendment Act”). The Amendment Act introduced important changes to the law regarding family dispute resolution and parenting applications. The law requires that (under subsection 60I(7)), before filing an application for parenting orders, one of the following must occur:
1. The Applicant must file a Family Dispute Resolution (FDR) certificate; or
2. The Court must grant an exemption.
Under section 60I(9) of the Family Law Act 1975 (Cth), exemptions may be granted where:
· The application is made by consent,
· The application is a response to an existing application,
· There has been a serious contravention of an existing order,
· There is a risk of child abuse or family violence,
· The matter is urgent, or
· A party is unable to participate effectively in mediation (due to distance, incapacity, or other valid reasons).
What are the amendments to the section 60I certificate?
A section 60I certificate is a prescribed form issued by a Family Dispute Resolution (FDR) practitioner under the Family Law Act 1975 (Cth). Following a Family Dispute Resolution event, the FDR practitioner issues a section 60I Certificate stating one of the following:
· one party refused to attend FDR;
· the FDRP was of the view the matter was not appropriate to conduct FDR;
· both parties attended FDR and made a genuine effort to resolve the dispute;
· both parties attended but one did not make a genuine effort to resolve the dispute; or
· FDR began but the FDRP determined it was not appropriate to continue.
As of 1 April 2025, the section 60I certificate can be issued to one party rather than jointly. This means if only one party attends family dispute resolution, they may still obtain a section 60I certificate and proceed with an application to the Court, even if the other party does not attend.
Confidentiality in mediation
Confidentiality is the hallmark of mediation. As far as permitted by law, all discussions during the course of a mediation are private and confidential. If a matter is in Court, the judge is not informed of any information disclosed during the mediation.
Do we mediate?
Yes, at Dorter Family Lawyers, we mediate. Rebekah Dorter is an Accredited Mediator with LEADR (The Resolution Institute), an international organisation promoting mediation for conflict resolution. In her role as a Mediator, Rebekah acts as a neutral facilitator by asking questions, encouraging open discussion, offering different perspectives, expressing issues in alternative ways and presenting her view as to how a Court might determine the issues. Parties can attend mediation alone, or with their legal representatives present. If you would like to book a mediation or would like to make further enquiries, please call our office on (02) 9929 8840 or get in contact with us via our enquiry form here.
