If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.
If you have separated from your partner and you need help to reach an agreement about parenting or property, you can attend mediation, also known as Family Dispute Resolution.
Mediation is a practical way for you and your ex-partner to resolve any disputes about parenting or property without going to court. It is much cheaper and quicker for you and your ex-partner to reach an agreement at mediation than it is to apply for court orders.
Mediation is confidential, so anything you say can’t be used against you later if you have to go to court.
After you apply for mediation, you and your ex-partner will be asked to complete an intake so that the mediator can check whether your case is right for mediation. They will consider a range of issues, including domestic or family violence, safety, equality of bargaining power, risks to children and the emotional and psychological health of you and your ex-partner.
If your case is right for mediation, you and your ex-partner will be invited to attend mediation at a date and time that suits you both. You may be asked if you want to attend mediation in person, by telephone or zoom.
At the start, the mediator will explain how the mediation will run and go over the background and issues in your case.
You and your ex-partner will be given time to talk about any issues that are important to you. You will also be able to talk to the mediator alone. The mediator can’t tell your ex-partner what you have said unless you agree.
Throughout the process, the mediator will help you to:
You can’t bring your child to mediation.
If you reach an agreement at mediation, you should put it in writing. For information about how to do this, see:
Anything you say during mediation is confidential. This means it can’t be used as evidence against you in court and it can’t be shared with anyone, exceptions where:
It is an offence to disclosure confidential information obtained during mediation unless an exception applies.
In most circumstances, to apply for parenting orders you will need to file a section 60I certificate with your application.
To get a section 60I certificate, you must contact a mediator about mediation.
A mediator can issue a section 60I certificate if:
A section 60I certificate is valid for 12 months. If you have a valid section 60I certificate, you can apply for parenting orders. You must file this certificate with your application, unless the Court grants you an exemption.
If you and your ex-partner reach an agreement at mediation, you won’t be given a section 60I certificate. If you later want to apply for parenting orders, you will need to attend mediation again unless you are exempt.
For more information, see Compulsory pre-filing Family Dispute Resolution – court procedures and requirements on the Federal Circuit and Family Court of Australia website.
You must go to mediation before you apply for parenting orders, except if:
For more information, see Before you file – pre-action procedure for parenting cases (prescribed brochure) on the Federal Circuit and Family Court of Australia website.
You must go to mediation before you apply for financial or property orders, except if:
For more information, see Before you file – pre-action procedure for financial cases (prescribed brochure) on the Federal Circuit and Family Court of Australia website.
Under the law, you must make a genuine attempt to resolve any disputes with your ex-partner about parenting or property by going to mediation, before applying for court orders.
If you refuse to participate in the mediation or don’t make a genuine effort, the mediator may issue a section 60I certificate stating that you did not attend or did not make a genuine effort.
If you or the other parent apply for parenting orders, the Court may not accept your application and you will have to go back to mediation. The Court may also make a costs order against you.
The cost of mediation varies depending on whether you use:
You don’t have to pay an up-front fee for Legal Aid NSW mediation. However, if you get a cash payment of $30,000 or more in your property settlement you must pay a contribution towards the cost of your lawyer.
Attending mediation is far cheaper and less time consuming than going to court.
Legal Aid NSW provides free mediation to help people with their parenting and property matters. If you are eligible for mediation Legal Aid NSW, your lawyer will attend mediation with you to give you advice and support during negotiations and put your agreement into writing. To find out whether you are eligible to attend mediation at Legal Aid NSW, call 1300 888 529.
In addition to Legal Aid NSW, there are a number of other services that provide mediation. To find another service, see:
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