Mediation (Family Dispute Resolution)
Mediation is a way of resolving disputes between people in conflict, usually facilitated by a neutral person. Separated families are encouraged to use Family Dispute Resolution(family mediation) to help resolve their disputes about children, instead of using the family law courts.
For parenting arrangements, Simple Separation recommends mediation which is a more child-focused and amicable process to resolve disputes. This process is also commonly known as Family Dispute Resolution.
There are different formats available in mediation. The practitioner will choose the most appropriate format suited to your situation.
Formats include:
• Joint Mediation (same room online)
• Shuttle Mediation (separate rooms online)
• Video or telephone mediation
Advantages :
more control over the legal outcome compared to the family court process
simple, flexible and more amicable process
child-focused
safe with a flexible process that allows for no contact.
cost effective compared to litigation.
impartial mediator able to manage the power imbalance
Disadvantages :
only works if both parties are willing, negotiable and committed to the process.
no guaranteed outcome
*Please be advised Australian Family Law makes it compulsory to attempt Family Dispute Resolution (mediation) before filing for parenting orders in court. Section 60i Certificates are required to lodge a children’s matter with the Family Court of Australia. If you are unsuccessful in mediation, you will be provided with a S60i certificate.
