Mediation & Family Dispute Resolution

At ALA law we explain this by saying – What happens at mediation – stays at mediation!

Communications in the course of dispute resolution is, except in certain circumstances, confidential and inadmissible in any court. This means anything said at mediation, any offers made cannot be used against you if the matter fails to settle.

Obviously, if you reach an agreement, that is not confidential as it will be formalised into a legally binding document.

The FDRP is a mandatory reporter, so like Dr or a Teacher if there is child welfare concerns, they are required to report that by law and the confidentiality does not exist in relation to those risk issues.

Family Dispute Resolution for children’s matter is compulsory. After attending FDR you will be a issued a s.60I certificate which will allow you to commence proceedings if you are unable to reach settlement.
For other forms of mediation, it is not compulsory to attend prior to commencing court proceedings (e.g. property or divorce)

The Family Law Act requires that parents attend FDR to discuss children’s arrangements prior to commencing court proceedings. A s.60I Certificate will then be issued by the FDRP, and the certificate is then filed with an application with the FCFCOA to commence court proceedings.

The types of s60I certificates, which may be issued by a Family Dispute Resolution Practitioner (mediators approved by the Federal Attorney-General), are:

• you did not attend because the other party refused or failed to attend;
• you did not attend because the practitioner (mediator) considered that your circumstances were not appropriate for Family Dispute Resolution;
• you did not attend and the parties did not make a genuine effort to resolve the issues; or
• you did attend and the other party (or you) did not make a genuine effort to resolve issues; or
• that the matter is not appropriate for FDR.

Yes – mediation is effective!

It is the only environment that allows parties to freely negotiate without fear that what is said in mediation and offers that are made in the environment of compromise can be used at a later date against that party.

This means in family law matters that settlement is highly likely to occur as the parties can speak freely, openly and be clear in their intentions, position and willingness to negotiate a settlement.

It is also supported and facilitated by a Mediator who is a neutral third party who is trained to assist parties to come to a peaceful resolution and settlement.

It is now mandatory to undertake mediation during Court proceedings (known as “In-Litigation Mediation”).

For in-litigation mediation, the FDRP must complete the prescribed Certificate of Dispute Resolution which will indicate whether:

• the matter has resolved in whole or in part
• the parties attended, and
• the parties made a genuine effort to resolve issues.

That certificate must be provided to the Court.

Once you reach an agreement that will be formalised by:

•  If the matter isn’t in court:
  o Consent Orders for property/children or property and children; or
  o A Parenting Plan (if appropriate)
• If the matter is in court then it will be finalised by way of “Terms of Settlement” and then made into Orders by your Judge.

Let the team at ALA Law guide you through the process of reaching an agreement including providing you with the advice you need to know to reach an agreement and arranging and attending FDR with you.

Give us a call to see how we can help you.