April 23, 2017

Family Dispute Resolution

As you are aware powerful emotions can create extremely unpleasant circumstances and therefore make the process of resolution painful if not impossible.

The process of mediation can quickly assist in a resolution that resolves existing conflict. This can be achieved with in a very short time i.e. within a couple of months rather than a protracted, expensive legal saga that often exacerbates the already emotional turmoil your family is in, with no short-term results that could be ongoing for years to come.

Gill is a fully accredited Family Dispute Resolution Practitioner with the Attorney General’s Department.

The Federal Government has legislated to prevent applications being made directly to the Family Courts in relation to children’s issues (except for cases of family violence and abuse of children) unless the parties have first attempted to resolve their differences through family dispute resolution (mediation).
This current legislative framework encourages the use of FDR before filing an application for parenting orders or changes to parenting orders via court action. It supports referral to an accredited FDRP before an application to the court has been made, with some exclusions in cases of family violence and child abuse.

Information gained during the FDR process is, in general, confidential and inadmissible in subsequent court proceedings, although there may be exceptions in child abuse and family violence cases.

Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from Gill, an accredited FDR practitioner.

The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.

Current best practice successes indicate that legislation, making mediation for property settlement compulsory prior to litigation proceeding, is likely to be introduced in the near future. This is clearly an acknowledgement of the benefit of mediation in family law matters.

Mediation provides an officially supported process to resolve matters without involving tax payer funded courts and huge legal expenses.
Court Costs (Family Law)


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