Family Law Mediation – Frequently Asked Questions

What is Family Law Mediation?

Family Law Mediation is a dispute resolution process that assists people affected by separation to resolve parenting, property or financial disagreements with the help of an independent and impartial Mediator.

Where the dispute concerns children, the process conducted by an accredited practitioner is known as Family Dispute Resolution (FDR).

An FDR practitioner can also assist separated couples to resolve property matters without going to Court.

Is Family Law Mediation compulsory?

The requirements differ depending on whether your dispute concerns parenting or property.

Parenting matters: In most circumstances, a person seeking parenting orders must first make a genuine effort to resolve the dispute through Family Dispute Resolution and obtain a section 60I certificate, unless an exemption applies.

Property and financial matters: Prospective parties are generally required to take genuine pre-action steps to try to resolve their dispute before commencing proceedings. These can include negotiation, mediation, conciliation, arbitration or another appropriate dispute resolution process.

If you are considering Court proceedings, independent legal advice should be obtained about the requirements applying to your circumstances.

What is a section 60I certificate?

A section 60I certificate can only be issued by an accredited Family Dispute Resolution Practitioner and relates to disputes about parenting matters.

It may be issued in different circumstances, including where another party refuses or fails to participate, where FDR is assessed as inappropriate, where parties participate and make a genuine effort, or where FDR begins but the practitioner later determines that it should not continue.

The certificate allows a person to file an application for parenting orders where a certificate is required. It does not decide the dispute or provide evidence about which party is right.

Can Parenting and Property matters be mediated together?

Yes, where appropriate.

Many separated couples need to resolve both parenting arrangements and their financial relationship. Northern Frontiers can assist with both types of dispute, and the Mediator can discuss how the issues should be structured during the Intake & Assessment process.

For detailed information, visit our Parenting Mediation and Property Mediation pages.

What happens if we reach agreement?

Where parenting agreement is reached, Northern Frontiers can prepare a Record of Parenting Agreement or other appropriate record of the mediated outcome.

Where property agreement is reached, Northern Frontiers can prepare a Record of Property Agreement.

The legal effect of an agreement depends on the circumstances and how it is subsequently documented. Parties should obtain independent legal advice about Parenting Plans, Consent Orders, Financial Agreements or other formal documentation that may be appropriate.

Is Family Law Mediation confidential?

Family Dispute Resolution has statutory confidentiality protections, subject to limited exceptions under the Family Law Act.

Different confidentiality arrangements may apply to other forms of mediation or communications outside the formal FDR process. Your Mediator will explain the applicable confidentiality arrangements before mediation proceeds.

Do I need a lawyer?

A Mediator is impartial and cannot provide either party with individual legal advice.

We encourage participants to obtain independent legal advice where appropriate before, during or after mediation.

If you would like your lawyer to participate in the mediation itself, see our Lawyer Assisted Mediation service.

Is Family Law Mediation expensive?

Mediation can provide an affordable opportunity to try to resolve disputes before legal costs and Court proceedings escalate.

Northern Frontiers is a private, fee-for-service provider offering prompt Australia-wide Parenting and Property Mediation.

For current pricing, please see our Parenting Mediation or Property Mediation pages and brochures.

How soon can I get started?

Intake & Assessment appointments are generally available within 2–3 business days of your initial enquiry.

If mediation is assessed as appropriate and the other party agrees to participate, a mediation session can then be arranged once both parties have completed Intake & Assessment and are available.

Payment information

Unless otherwise agreed, each party is responsible for their own mediation costs.

Pre-payment is required for booked sessions. Cancellation and no-show conditions apply, so please review our Terms & Conditions of Service before making your booking.

Want to find out more or make a booking?

If you are unsure whether you need Parenting Mediation, Property Mediation or both, contact Reception and confidentially discuss your circumstances.

There is no obligation to proceed.

Call: 1300 90 81 70
Text: 0419 531 269
Email: reception@northernfrontiers.com.au