Family Mediation

---

The role of the Family Dispute Resolution Practitioner (FDRP) is mainly to facilitate a process (mediation) whereby individuals can reach agreement over care of their child/ren; support the elder person or discuss conflict issues in the family  in a safe environment.

The FDRP will:

• Facilitate communication, problem solving and negotiation
• Assist the parties to set their agenda for mediation
• Maintain a neutral position and be impartial
• Address any imbalance of power
• Control the process of mediation, rather than the content or outcome
• Refrain from offering advice, yet be informative
• Show no judgement of issues in dispute or impose any solutions
• Refrain from providing legal, therapeutic or any other professional advice
• Have no vested interest in the outcomes that are decided upon by the parties
• Assist the parties to record their agreements in writing
• Issue a Section 60I Certificate if appropriate.

Under the Family Law Act, a Section 60I Certificate is required prior to making an application to the court for a Parenting Order.

The Section 60I Certificate is only required if a couple are unable to reach agreement themselves during Family Dispute Resolution or it is unsuitable to proceed the Family Dispute Resolution.

The Section 60I certificate is issued by a Family Dispute Resolution Practitioner who is registered with the Attorney General's Department.

The Section 60I Certificate is only issued under the following five circumstances:

• The person did not attend FDR due to the refusal or failure of the other person or people to attend.
• The person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
• The people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
• The people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
• The people began FDR, but part way through the practitioner decided it was not appropriate to continue.
• Not all cases are suitable for Family Dispute Resolution. If a case is deemed unsuitable by the family dispute resolution practitioner, a section 60I Certificate reflecting this decision will be issued.
• If the other party does not wish to participate in Family Dispute Resolution a section 60I Certificate will be issued to reflect their refusal.

Family mediation does not guarantee a settlement agreement, and it is possible that you may still end up in court. However, for most cases, mediation results in an agreement that respects the rights of all parties and keeps the focus on what is best for their child/ren or elder person.

Waiting times –

People can spend months negotiating through lawyers’ letters. The court structure and system can drag on for years. Mediation can occur within a few days, depending on the availability of the parties involved.

Mediation is child-focused  / elder focused-

The welfare of the parties’ child/ren or elder person will be the most important consideration in any discussion.

Empowerment –

Mediation seeks to empower those in conflict to resolve their own disputes.  The mediation process gives each party equal opportunity to speak, to be understood, and to propose solutions.  Mediators can help the parties work through all issues that is needed to be resolved so that the parties can get on with their lives.

Custom made agreements-

At family mediation, you can come to an agreement that considers your family’s specific needs and requirements. Agreements reached in this environment are more likely to be practical.

It is cheaper than going to court -

While going to court may be necessary for certain situations, not everyone has the financial means or desire to go to Court. Parties share the cost of one mediator, instead of each paying a lawyer to negotiate or go to court for him or her.