Mediation is an essential aspect of resolving disputes in Australian family law, particularly in matters involving separation or divorce. But what does the mediation process entail, and why is it so significant?
Exploring Pre-Action Procedures
Under the Family Law Act 1975, pre-action procedures must be followed before filing court proceedings in family matters. These procedures aim to encourage mediation and alternative dispute resolution methods before litigation becomes necessary. This approach helps streamline the process, minimise legal expenses, and reduce the emotional toll on everyone involved.
What is Mediation?
Mediation is a structured negotiation process led by a neutral third party, known as the mediator. The mediator’s role is not to take sides but to facilitate productive discussions between the parties, helping them reach agreed solutions on key issues such as parenting arrangements or property division. This process enables both parties to remain in control of the decisions, rather than leaving it in the hands of a court.
Advantages of Mediation
There are several benefits to choosing mediation, including:
- Control and Personalisation: Parties can shape agreements that cater to their specific needs and circumstances, leading to more tailored outcomes.
- Confidentiality: Discussions in mediation are private, which protects the parties’ privacy.
- Fostering Cooperation: Mediation encourages a cooperative approach, particularly helpful when children are involved.
- Cost-Effective: Mediation is generally more affordable than going to court, reducing costs related to court proceedings and legal fees. This can make it a practical option for families seeking resolution.
Section 60I Certificate Requirement
For those seeking parenting orders, obtaining a Section 60I Certificate is mandatory. This certificate, issued by a registered family dispute resolution practitioner, confirms that attempts at mediation or other dispute resolution processes have been made, except where exemptions such as urgency or family violence are applicable.
Ways to Access Mediation
There are several options available for accessing mediation services:
- Private Mediation: Engaging a private mediator, often recommended by legal professionals, can provide a faster resolution. This option allows for choosing a mediator based on their reputation and availability.
- Public Organisations and Legal Aid: Community organisations and legal aid services offer mediation, sometimes at little or no cost, depending on eligibility.
- Court-Based Mediation: Some courts provide mediation services as part of their family dispute resolution processes, either integrated into legal proceedings or offered separately.
Choosing the right mediation service depends on factors such as the urgency of the matter, the complexity of the issues, and financial considerations. Private mediation offers more flexibility and a tailored approach, while public services provide a more accessible option for those facing financial difficulties. Mediation can often lead to more lasting and less stressful resolutions than those imposed by the courts.
Is Mediation Right for You?
If you think mediation may be the best path for your situation, it’s advisable to consult with a family lawyer to understand your legal rights and responsibilities before beginning discussions with your former partner. In cases where mediation might not be suitable, such as those involving family violence, seeking legal advice remains an important first step.
For more information on mediation or to discuss your family law matter, schedule a private consultation with a family law solicitor today.
