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Mediation in recent years has been a mandatory step to resolving family law disputes. It is required under the relevant legislation, in this case, the Family Law Act 1975 that separating couples need to show the court that they have made a genuine attempt to resolve the dispute through mediation or family dispute resolution.
What is a Section 60I Certificate?
For a couple to progress their family law matter to court, they need to obtain a Section 60I Certificate from a registered Family Dispute Resolution Practitioner. At Mediations Australia, our Sunshine mediators are all approved Family Dispute Resolution Practitioners.
When it comes to a Section 60I Certificate, there are essentially 5 certificates that can be issued by one of our mediators.
1. You didn’t participate in the mediation because your former partner refused or failed to attend;
2. You didn’t attend on the advice of the Family Dispute Resolution Practitioner that your dispute was not suitable;
3. You did not attend and you and your former partner did not make a genuine effort to resolve the dispute;
4. You did attend the mediation but the other party, or you, did not make a genuine effort to resolve the disputes;
5. You and your former partner started the mediation but did not complete it on the advice of the Family Dispute Resolution Practitioner.
Once you have the Section 60I Certificate from one of Mediations Australia’s Family Dispute Resolution Practitioners, the next step is to have it filed with the Court.
At Mediations Australia, we can assist you filing the certificate in court.
Can You Be Exempted from Family Dispute Resolution?
According to section 60I(9) of the Family Law Act 1975, there are circumstances where the court will not require the certificate to progress your family law dispute.
1. In circumstances where the matter is urgent;
2. In circumstances where one party is unable to participate effectively;
3. In circumstances where the application relates to a recent or existing order;
4. In circumstances where the Court believes there has been family violence or child abuse.
If you have any questions about the Section 60I Certificate or simply need the certificate to progress your family law dispute, please contact us for a free, initial, no-obligation consultation.
