The family court mediation process involves a neutral third party, called Family Dispute Resolution Practitioners (FDRPs), who helps separating or separated couples (or even families) reach agreements on their own, without going to court.
There are several benefits in opting for a family court mediation process, such as:
- Reduced conflict
- Cost-effective
- Faster resolutions
- Focus on children’s needs
- Control over the outcome
- Privacy
Going through the family court mediation process is mandatory in some cases. Before requesting court orders, the law requires that you must make a sincere effort to mediate any conflicts you may have with your ex-partner regarding custody or property through family law mediation.
The mediator may issue a section 60I certificate indicating that you did not attend or did not make a sincere effort if you refuse to engage in the mediation or do not make a real effort.
To know more about this process, let’s move on to a deeper dive in understanding the concept of family court mediation process.
Family Court Mediation Process
You can go to mediation if you and your partner have split up and you need assistance coming to a decision over property or parenting. Moreover, you and your ex-partner can settle any parenting or property conflicts amicably and out of court by using mediation. Mediation is a faster and less expensive way for you and your ex-partner to come to an agreement than requesting court orders.
Courts will usually recommend disputed parties to attempt family dispute resolution before opting for court proceedings. Anything you say during a confidential mediation cannot be used against you in the event that you need to appear in court. Furthermore, in order for the mediator to determine if your case is appropriate for mediation:
- Intake procedure. You and your ex-partner will need to complete an intake form once you request for mediation. A variety of factors will be taken into account, such as
- hazards to children,
- safety,
- equality of bargaining power,
- domestic or family violence, and
- the mental and emotional well-being of both you and your ex-partner.
- Invitation to attend mediation. You will receive an invitation to attend mediation at a time and date that works for you both if mediation is the appropriate course of action for your case. If you wish to attend mediation in person, over the phone, or via Zoom, you might be asked. The mediator will go over the background and issues in your case at the beginning of the mediation and explain how it will proceed.
- Summary of proceedings. During the family court mediation process, the mediator will assist you in:
- Identifying the issues.
- Test solutions to the issues and check if it is effective and practical.
- Assist you in focusing on the issues.
- Written agreement. When you reach an agreement during the family court mediation process, you must put it into writing. In making this agreement, check out the following guides on parenting and finance and property.
![family court mediation process](https://images.surferseo.art/2a4b9b3a-d265-467b-a166-1ff249c08238.jpeg)
Considering Mediation Session
To help you decide whether you should go through mediation, here are some situations where a family court mediation process is appropriate:
- Parenting Arrangements. This is a common area where mediation can be very helpful, provided that the best interest of a child is taken into account. According to the 2024 family law amendments, in making parenting arrangements, the best interests of the child will be primarily considered.
- Financial Matters. Mediation can help couples reach agreements on division of assets and debts and spousal maintenance.
- Communication Issues. The family court mediation process can be a safe space for couples to improve communication skills and learn how to better co-parent after separation, even if the relationship is strained.
- Developing Parenting Plans. Establishing a comprehensive parenting plan that specifies goals and agreements for both parents can be facilitated by mediation.
- Avoiding Costly Litigation. Mediation can be a more constructive process if both parties involved are willing to cooperate and forego the confrontational atmosphere of the courtroom.
If you’re considering mediation, note that a lawyer can advise you on whether family court mediation is suitable for your specific situation. Thus, by understanding the effect mediation, you can make a more informed decision about which path to take.
Family lawyers can help you assess the suitability of your case for a family court mediation by:
- Understanding the issues.
- Assessing whether there’s a significant power imbalance due to finances or emotional manipulation.
- Check if there’s history of child abuse. If there is, a lawyer can advise on the safety risks involved in mediation and explore alternative dispute resolution options.
- Assessing the complexity of the case. Some legal and financial situations can be very complex. A lawyer can advise if your case might be better suited for litigation due to the intricate nature of the issues.
Family Court Mediation Process: Reaching an Agreement
An agreement can be formalised as a parenting plan once the parties agree on the terms. This needs to be in writing, with both parents’ dates and signatures. It may contain procedures for altering agreements and settling disputes. If needed, parenting schedules can be revised over time.
When parents are able to reach a mutually beneficial arrangement while keeping the child’s needs and best interests in mind, it’s usually best for all parties. Parenting agreements can be:
- an oral agreement,
- a written parenting plan, or
- an agreement that is put into a formal court order, called ‘consent orders.
- This requires an application to the court.
However, if the mediation is unsuccessful, an authorised Family Dispute Resolution practitioner can provide a certificate enabling the filing of an application with a family law court. A certified family dispute resolution professional is the only one authorised to provide the document called “Section 60I certificate.”
Also, the mediator can issue the Section 60I certificate if it deems that the FDR is not appropriate for the particular situation. This could mean there are concerns about family violence, the safety of the parties and risks to children, the ability for each party to be able to negotiate, or other issues the practitioner feels are relevant.
![family court mediation process](https://images.surferseo.art/90f34e43-00c6-4c9a-a966-643ca5588998.jpeg)
Let Us Help You with Our Family Dispute Resolution Service
If you decide to proceed with mediation, our excellent family lawyers at JB Solicitors can help you prepare by:
- Identifying your priorities and desired outcomes that protects both parties’ emotional and psychological health
- Offering guidance on communication strategies for successful in resolving disputes
- Explaining the legal implications of potential agreements reached in mediation.
Check out this article about “Family Law Mediation Questions” to know what to ask during your consultation with us.