Mediate and save!
Prior to initiating family law proceedings in relation to children, parties are obliged, in accordance with the Family Law Act 1975, to make a genuine effort to attempt to resolve their dispute through mediation/family dispute resolution which is conducted by a qualified Family Dispute Resolution Practitioner (“FDRP”).
If the parties have attempted to mediate the dispute via the FDRP and are not successful in resolving the dispute, the FDRP would issue what is known as a “section 60I certificate”. This is a certificate stating that the dispute was not resolved and the reasons why.
Sometimes the Courts may grant an exemption to the requirement of the certificate if one party (or both) is able to demonstrate that family dispute resolution is not appropriate in the circumstances, for example, when there is family violence involved.
Avoid the wait.
Most FDRPs operate out of large practices and often have a 5 to 6 week waiting period before the first session (there are a minimum of 3 sessions in a process: one session with each party and then a final session with both parties).
There are a number of recognised FDRPs across Melbourne. You may locate one via a Google search, or we may recommend someone to you. As a referred client of Hassall’s Litigation Services, our preferred FDRPs will prioritise your mediation so you can commence your session sooner.
Our clients have found Ms. Dianne Loveday from “Bayside Mediation” to be a very effective mediator/FDRP. Dianne is our preferred FDRP and has been able to resolve complex disagreements, which mean court proceedings cost our clients less and take less time. Visit Dianne’s website here to obtain more information on mediation:
Mediation for property?
Although there is no requirement to mediate in regards to a property dispute before initiating a proceeding at Court, it is advisable to attempt mediation prior to issuing an application as the mediators may be able to assist parties in respect to property division. This step may also reduce legal costs and assist the parties in coming to a resolution sooner.
If the parties are able to agree on the division of property, the mediator may draft a simple agreement with the consent of the parties, and one of the parties may engage a solicitor who would assist in the preparation of formal Consent Orders in accordance with the terms of the agreement. The formal Consent Orders would then be sent to the Family Court to be filed and approved.
Mediation may be a more economical process than negotiating with the other party via the respective solicitors.
No mediation? This is what it could cost you
If you are unable to resolve your dispute and have no other choice but to make an application to the Court then you would incur significant ongoing legal costs and experience lengthy waiting periods in the Court system.
Mediation will save you money.
Before commencing a family law proceeding in respect to parenting issues, speak to a qualified FDPR. Simply complete a Google search or contact our preferred FDRP, Dianne Loveday from Bayside Mediation or speak with us for further information.