A Section 60I certificate is a document issued under the Family Law Act confirming that parties have attended, attempted or been assessed for Family Dispute Resolution.

The certificate may be required before a party can file an application in the Federal Circuit and Family Court of Australia for parenting orders.

The purpose of the requirement is to encourage separating parents to attempt mediation and resolve disputes regarding their children before commencing court proceedings.

A Section 60I certificate is usually required before commencing court proceedings relating to parenting arrangements for children.

The certificate confirms that:

• the parties have attempted Family Dispute Resolution

• one party refused or failed to attend mediation

• the mediator considered mediation inappropriate

• mediation was attempted but did not result in agreement

In most parenting disputes, the court requires evidence that mediation has been attempted before the matter proceeds to litigation.

An accredited Family Dispute Resolution Practitioner may issue a Section 60I certificate in several circumstances, including where:

• mediation was attempted but the parties did not reach agreement

• one party refused or failed to attend mediation

• the mediator considered the matter inappropriate for mediation

• mediation began but was not completed

The type of certificate issued depends on the circumstances of the matter and the mediator’s assessment.

Attempting mediation before court proceedings may provide several benefits, including:

• an opportunity to resolve disputes more quickly

• reduced legal costs

• a confidential and structured environment for discussion

• greater control over the outcome of the dispute

• less adversarial process for families

Even where mediation does not result in agreement, the process can help clarify the issues before court proceedings begin.