What Happens if We Can’t Reach an Agreement in Family Mediation?
Family mediation is a proven approach in Australia to help resolve conflicts related to separation, parenting arrangements, or property division without the need to go to court. Mediation offers a private, neutral space where both parties work with a qualified mediator (and possibly a lawyer as well) to try and reach a mutual agreement. However, not all disputes are able to be resolved during the first mediation or sometimes at all. Here’s what you need to know if mediation doesn’t end in an agreement.
1. Reflect on the Mediation Process
If an agreement couldn’t be reached, take some time to reflect on the mediation process and what you heard from the other party. Review with the mediator or your lawyer which issues were unresolved and whether adjustments or additional support could help in future mediation sessions. Sometimes, understanding the other parties concerns more deeply after an initial mediation can improve chances if you revisit it later.
2. Section 60I Certificate
For family matters, if you’re seeking court orders for parenting arrangements and mediation fails, you’ll need a Section 60I certificate. This certificate is essential to proceed with an application in the Family Court of Australia. This is provided by the mediator to confirm that genuine attempts were made to resolve the dispute, however, were unsuccessful. Exceptions apply in cases involving family violence, child abuse, or urgent matters; so please discuss these options with your lawyer if they are relevant. A Section 60i certificate can also be issued to the initiating party if the other party does not engage with the process.
3. Consider Other Dispute Resolution Options
If mediation didn’t resolve your issues, arbitration or conciliation could be useful alternatives before heading to court. Arbitration is typically used in property settlements and results in a binding decision, similar to a court order. Conciliation, which also involves a neutral third party, can be helpful for financial and property disputes, offering a structured process with an active conciliator to help guide both parties towards an agreement.
4. Assess the Costs and Emotional Impact
Going to court is generally more costly, both financially and emotionally, than alternative dispute resolution methods. It’s essential to weigh these considerations, especially if prolonged litigation could add stress or impact family relationships. Many people find that seeking alternatives, where possible, can lessen the emotional toll, even if it means further sessions or different approaches.
5. Preparing for Court if Needed
If court is the next step, prepare thoroughly with your lawyer. This includes gathering necessary documents, preparing affidavits, and ensuring your case is presented with clear evidence. The court will ultimately make the final decision, considering the best interests of the children in parenting matters, which is always the top priority in family law cases.
If family mediation doesn’t result in an agreement, it’s not the end of the road. Remember, family disputes are deeply personal, and weighing all options carefully can help make this difficult process a bit smoother.
At Foley Family Mediation & Child Consultancy, we’re here to support you in this journey towards healing and understanding.
For more information on our services or to schedule a consultation, contact us today on 0414 048 838 or through our website Foleyfamilymediation.com.au. Let’s work together to create a brighter future for your family.
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