FAQs Related to Mediation Services
Can you refuse family mediation?
Yes. You can refuse family mediation, even in situations where the law requires you to attempt mediation – such as when there are issues relating to children. However, it is important to understand that if you refuse mediation and attempting mediation is required, a certificate will be issued stating that you did not attend mediation. If your matter goes to Court and the judicial officer thinks you should attend mediation, you will be directed to do so.
What if we can’t reach an agreement?
Mediation can be attempted more than once if it is unsuccessful on the first try.
However, if mediation is unsuccessful, parties may choose to engage lawyers to negotiate on their behalf or resolve issues in Court.
Where mediation is legally required but the parties do not reach an agreement, a certificate will be issued stating that mediation was unsuccessful and allowing the parties to make an application to the Court.
Is mediation legally binding?
If parties reach a written agreement after mediation, it is not legally binding. However, the agreement can be made to be legally binding if it is included in Consent Orders to the Family Court or included in a Binding Financial Agreement.
What is an FDRP? Are family mediators’ professional lawyers?
Family mediation can also be known as Family Dispute Resolution (FDR). FDR is conducted by a Family Dispute Resolution Practitioner, or FDPR.
Family Dispute Resolution Practitioners are trained and qualified in mediation and negotiation, specialising in family disputes. An FDPR can be a lawyer but doesn’t have to be. Some FDPR’s have backgrounds in social work or psychology. However, all FDPR’s will be accredited under family law regulations.
What happens if one party refuses to attend required mediation?
In circumstances where parties are legally required to go to mediation, if one party refuses to do so or the parties are not able to reach an agreement at mediation, the FDRP will issue a certificate which allows the parties to file a Court application indicating why the mediation was unsuccessful.
How long does dispute resolution mediation take?
The length of mediation can vary depending on the types of issues the parties are having and the willingness of the parties to cooperate and negotiate. Single mediation sessions will generally be several hours but some issues will require multiple mediation sessions.
How much does family mediation cost?
The costs involved in a mediation process depend upon the individual circumstances, including the level of complexity of the issues and the willingness of the parties to negotiate. We believe in full transparency with our clients. All of our clients are fully aware of what their costs are and likely to be. We provide our clients with up-to-date information on their costs at all stages of the process.
What is a ‘section 60I certificate’?
A Section 60I certificate is a document issued by a Family Dispute Resolution Practitioner in Australia. It confirms that the parties involved have attempted family dispute resolution (mediation) before applying to the court for orders regarding children. This certificate is necessary for most cases involving parenting disputes to proceed to court, unless exceptions like family violence or urgent situations apply. It ensures that all parties have made a genuine effort to resolve their issues peacefully before involving the court.
Is family mediation an alternative to court?
Mediation can be an alternative to litigation if all parties involved are willing to cooperate and reach an agreement.
However, an attempt at mediation can also be a condition for Court as the law sometimes requires parties to attend mediation before they are allowed to make a Family Court application. For example, where children are involved in a separation and parents are unable to agree on the children’s living arrangements, the law requires parents to attend mediation before they can go to Court.
Sometimes people use mediation in conjunction with the Court process to help speed it up by negotiating issues outside of Court.
