Is Mediation Mandatory for Separating Parents?
For separating parents in Australia, mediation is often required before applying to the Family Court for parenting orders. Under the Family Law Act 1975 (Cth), parties must make a genuine effort to resolve disputes through Family Dispute Resolution (FDR) to encourage amicable agreements without court intervention. If you do not engage in mediation or make a genuine attempt to resolve your issues, the mediator is able to issue a certificate that is required to initiate court proceedings. The goal of mediation is to resolve disputes without court intervention, encouraging cooperative and child-focused solutions. By mandating Family Dispute Resolution (FDR), the law seeks to reduce conflict, save costs, and prioritise children's well-being. It is noteworthy that while mediation is mandatory, it is also a voluntary process and a party cannot be forced to mediate.
Mandatory mediation aims to:
Foster open communication in a neutral environment.
Help parents make practical agreements that suit their family's unique needs, providing autonomy and choice.
Avoid lengthy and costly court proceedings
When Mediation is Not Mandatory
There are exceptions where mediation is not required, including:
Family violence: When there is evidence of domestic or family violence and it is unsafe for any party .
Child abuse: Allegations or identified risk of harm to a child.
Urgent matters: Immediate risks to a child’s welfare or the need for an urgent resolution.
Non-participation: If one party is unwilling or unable to engage in the process effectively or be able to advocate for themselves.
Do You Need a Lawyer or Mediator First?
Engaging a mediator first can help streamline the process by resolving disputes amicably and reducing the need for court intervention. However, seeking advice from a family lawyer is wise if you have legal questions about your rights or entitlements. Mediators remain neutral and focus on facilitating discussions, while lawyers advocate for your interests. Please see previous blog post https://www.foleyfamilymediation.com.au/post/mediation-or-lawyer-first for more detailed information.
How Rebecca at Foley Family Mediation Can Help
Rebecca from Foley Family Mediation offers professional, compassionate guidance for separating families. Specialising in helping parents develop practical parenting plans, Rebecca ensures a safe and structured environment for discussions. With expertise in handling complex family dynamics, she tailors the process to suit each family’s unique needs. Her services are available both online and in person, providing flexibility and accessibility for busy families.
To learn more about Rebecca’s services and schedule a session, visit Foley Family Mediation.
Mediation can be a valuable step towards peaceful co-parenting arrangements, empowering parents to make decisions in the best interests of their children.
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