In Australian family law, mediation plays a crucial role in resolving disputes, especially in cases involving separation or divorce. But what exactly does mediation involve, and why is it so important?
Understanding Pre-Action Procedures
Before initiating court proceedings in family law matters, the Family Law Act 1975 mandates adherence to pre-action procedures. These procedures encourage parties to explore mediation and other dispute resolution methods before resorting to litigation. The aim is to streamline processes, reduce legal costs, and mitigate the emotional impact on all parties involved.
Demystifying Mediation
Mediation is a structured process facilitated by an impartial mediator. This person cannot take sides. The mediator facilitates communication and negotiation between conflicting parties, enabling them to reach mutually agreeable solutions on issues such as parenting arrangements and property settlements. Mediation empowers parties to retain control over the outcome instead of disputing the matters in Court.
Benefits of Choosing Mediation
Opting for mediation offers several advantages:
- Control and Customisation: Parties can tailor agreements to suit their unique circumstances, promoting a more personalised resolution.
- Confidentiality: Mediation proceedings are confidential, ensuring privacy for all involved.
- Promotion of Cooperation: By promoting collaboration over confrontation, mediation can be particularly beneficial in cases involving children.
- Cost-Saving: Mediation tends to be more cost-effective than litigation. It typically involves fewer expenses related to court fees. This affordability makes mediation a practical choice for many families navigating legal challenges.
Section 60I Certificate
Before seeking parenting orders from the court, parties must obtain a Section 60I Certificate from a registered family dispute resolution practitioner. This certificate verifies that mediation or other dispute resolution attempts have been made, unless exemptions such as family violence or urgency apply.
Options for Accessing Mediation Services
There are various avenues through which mediation services can be accessed:
- Private Mediation: Parties can engage private mediators, often recommended by family law professionals or through personal referrals. This option gives you the ability to choose a mediator that is recommended and that has availability to deal with your matter promptly.
- Public Organisations and Legal Aid: Community-based organisations and legal aid commissions provide mediation services, often at reduced or no cost based on eligibility criteria.
- Court-Based Mediation: Some courts offer mediation services as part of their family dispute resolution processes, either integrated into court proceedings or provided separately.
The choice of mediation option depends on factors such as financial considerations, urgency, and the complexity of the issues involved. Private mediators may offer more flexibility and personalised attention, while public services can provide accessible options for those with financial constraints. By opting for mediation, families can often achieve outcomes that are more sustainable and less emotionally taxing than those imposed by the court.
Considering Mediation? What’s Next?
If you believe mediation is the right path for you, consulting a family lawyer to understand your rights and responsibilities before negotiating with your partner is advisable. Even if mediation seems unsuitable, especially in cases involving family violence, seeking legal advice is a crucial first step.
For further guidance on mediation and family law procedures, book a private and confidential consultation with the family law team today.
