Unless specific circumstances exist, before you are able to make an application to the Court for a parenting order you will need to obtain a certificate pursuant to section 60I of the Family Law Act from a registered family dispute resolution provider (“the FDRP), certifying that you have made a genuine attempt to resolve your dispute.
As noted above, there are exceptions to this requirement and your particular FDRP or legal representative can advise you of these. Sometimes mediation is not suitable for your particular circumstance.
Affirmative Mediations can assist you with retaining control of the outcome of the most important possessions in your life – your Children. If you are unable to resolve your dispute you will likely be left with the decision of an unknown judicial officer who will make a determination as to when and how your children spend their time.
Thus, it may be wise to consider resolution via mediation, where you largely retain the final word and retain a degree of control in respect of the outcome.
If your dispute relates to property matters, then usually the Court will require you to attend a conciliation conference / mediation before a trial will be scheduled. Again, retaining control of the outcome is possible with mediation, whereas a trial will see the Court divide your property without regard (in some cases) to the subtle matters that are important to you and your ex-partner.
Many property matters successfully proceed to mediation prior to court proceedings being filed in Court, saving both parties much time, money and stress.
If you have any questions do not hesitate to call, email or use the enquiry form for further information (at no cost).