What is Mediation
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What is Mediation?
Mediation allows parties to negotiate a mutually acceptable agreement with the help of a neutral third party, known as a Family Dispute Resolution Practitioner.
The effect of Mediation is that the parties to a dispute are provided with an opportunity to reach a mutual agreement and resolve their disputes on their own terms. This is opposed to proceeding to Court, which is costly and time consuming.
The greatest benefit to Mediating a dispute is that the parties get to decide what happens for their family, not a stranger who doesn’t know their family, their family’s dynamics and what is workable for them all.
The fact is that Mediation is often a more successful way of resolving a family law dispute than going to court because when the parties reach a mutual decision, they are more likely to abide by it.
Do I have to go to Mediation?
That depends. Section 60I of the Family Law Act (As Amended) 1975 requires all parties to a Parenting dispute to attend Family Dispute Resolution Conference, or at least attempt to do so, prior to filing any Application in the Federal Circuit and Family Court of Australia.
A section 60I certificate must accompany any Application to the Court for it to be accepted.
There are exceptions to this rule. If your matter is urgent, then you can apply for an Exemption to the requirement of filing a section 60I certificate.
If there is domestic and family violence in your matter, again, you can apply for an exemption to filing a section 60I certificate with your Parenting Application.
In the alternative, you can approach a Mediator who is accredited with the Commonwealth Attorney-General’s office known as a Family Dispute Resolution Practitioner to conduct an intake of your matter. Through the intake process, your Family Dispute Resolution Practitioner may determine your matter is inappropriate for Family Dispute Resolution Conference and issue a section 60I certificate on that basis.
Parties who are in dispute solely over property matters, whether that be matrimonial or de facto, are not obliged to attend Mediation before filing an application in the Federal Circuit and Family Court of Australia. However, it is most often the case that once such an Application is filed in Court, the Court will order the parties attend either a private, or court based Mediation.
Engaging a Mediator in Brisbane who has significant experience in practising as a Family Lawyer can be a valuable step towards resolving disputes efficiently and economically.
More importantly, a Mediator and Family Dispute Resolution Practitioner who has extensive experience in the area of family law, such as Janelle, has an ability to guide the parties to resolutions that will be accepted by the Court by way of a Consent Order. Should the parties be steering towards an agreement that would not be supported by the Court, Janelle has the experience to explain why that is and assist the parties in moving the discussion points to options that would be supported by the Court.
Legal battles can be messy and costly, and when possible, opting for Mediation or Family Dispute Resolution is a wise choice. Janelle is passionate about assisting parties in avoiding costly and time consuming litigation of their disputes through the Mediation or Family Dispute Resolution platform.
Janelle is proud to provide a range of Mediation or Family Dispute Resolution services in Brisbane and around Australia. Janelle aims to assist you in achieving amicable resolutions outside of the courtroom that are also realistic.
A Family Dispute Resolution Practitioner helps parties to reach fair and amicable agreements while aiming to preserve relationships and minimise the emotional and financial costs associated with a traditional legal process and battle.
Janelle is able to facilitate a constructive environment for conflict resolution, where parties are encouraged to attend Mediation or Family Dispute Resolution with a view to achieving a resolution to their dispute on their own terms before considering court proceedings.
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