Frequently Asked Questions
Q. What is family dispute resolution?
Family Dispute Resolution is the name in the Family Law Act for mediation that help people affected by separation and divorce to sort out their parenting disputes with each other. You may have reached a point where you can’t agree on issues concerning your children. You may not be able to talk to each other at all. Family dispute resolution can help you sort out these issues without going to court. It is also helpful in resolving disputes relating to will, trusts and estates. If you can resolve your differences you’ll save yourself time, money and a whole lot of stress.
Q. What is compulsory family dispute resolution?
If you want to apply to the court for a parenting order after separation (and you have not previously applied), you will need a Section 60I certificate from a registered Family Dispute Resolution Practitioner which confirms that an attempt at family dispute resolution was made. There are some exceptions to this requirement, such as cases involving family violence or child abuse. The FDRP at SHAW FDR can issue these certificates.
Q. What is a Section 60I Certificate?
A Section 60I Certificate is particularly relevant to family disputes that involve custody or parenting issues. The S.60I Certificate, or Certificate of Attendance, is required before parents submit an application to the court for a parenting order, under the Section 60I of the Family Law Act 1975. This document aims to show that both sides attempted to resolve their issue through family dispute resolution or mediation. The S.60I certificate will be issued based on the following circumstances:
- One person did not attend the mediation/FDR because the other person refused or failed to attend.
- The mediator or the family dispute resolution practitioner did not see the issue fit for mediation, so both sides did not attend.
- All the people were present during mediation or family dispute resolution, and genuinely tried to resolve the dispute.
- All the people were present during mediation or family dispute resolution, but they did not make an effort to resolve the issue.
- All the people were present in mediation or family dispute resolution, but the mediator did not see it appropriate to continue the mediation process for the dispute.
‘I chose mediation because I thought that it could be a much more friendly and amicable way to resolve our issues. The expense and time delays relating to court and the effect on the children were things that I did not want. I did a lot of research online and chose SHAW Mediation, in particular FDR Mediator Alison Shaw because of her good reputation and background as a Family Law Lawyer, to me it just made sense to have a mediator that knew family law also. The set fees associated with the mediation was something I needed.
Alison is clearly and simply good at what she does. The process can be extremely overwhelming, Alison and her team walked me through from first contact, to the end of the mediation. Alison managed it beautifully and she’s definitely in the right job. I would 110% recommend SHAW Mediation Australia, so much so, that I would like to work with one of you in the future!’Suzi C