Family mediation is a structured process in which a neutral mediator assists separating couples to discuss and negotiate issues arising from their separation. The mediator facilitates discussion, helps clarify issues and supports the parties to explore options for reaching agreement.

Family mediation commonly addresses matters such as:

• parenting arrangements and parenting plans

• communication and decision-making regarding children

• property settlement and division of assets

• financial matters following separation

The aim of mediation is to assist parties to reach practical agreements that allow them to move forward without the need for court proceedings.

Under the Family Law Act, parties are generally required to attempt Family Dispute Resolution before commencing parenting proceedings in the Federal Circuit and Family Court of Australia.

Family Dispute Resolution provides an opportunity for parties to resolve parenting disputes through mediation before resorting to litigation. Where appropriate, an accredited Family Dispute Resolution Practitioner may issue a Section 60I certificate confirming that mediation has been attempted or considered.

Find out more about our accredited Family Dispute Resolution Practitioner here.

A Section 60I certificate is often required before parenting proceedings can be commenced in court.

Following the Family Dispute Resolution process, the mediator may issue a Section 60I certificate where appropriate. This certificate confirms that:

• mediation has been attempted

• one party did not attend mediation

• mediation was considered inappropriate in the circumstances

Section 60I certificates are commonly required before filing an application in the Federal Circuit and Family Court of Australia for parenting orders.

Find out more about s60I Certificates here.