Frequently Asked Questions

Mediation is the process whereby an independent practitioner (mediator) facilitates communication between parties.  This is done through a structured process to reach negotiated agreements about issues relating to their conflict.

It is a cost-effective, faster and kinder process than the alternative of going through the Family Court, that allows parties to negotiate their own outcomes rather than a court decide the outcomes for them.

Mediation is a future focused, problem solving process.  Both parties are given the opportunity to identify issues that need resolving, listen to each other’s point of view and provide options of workable solutions that will help parties to move forward.

Mediation is not counselling.

Agreements made in mediation are not legally binding.

Family Dispute Resolution (FDR) is a specific form of mediation that helps separating families to come to their own agreements. During FDR families will discuss the issues in dispute and consider different options, while being encouraged to focus on the needs of their children.

It is a cost-effective, faster and kinder process than the alternative of going to the Family Court which allows parties to negotiate their own outcomes rather than have a court decide them for you.

FDR is not counselling.

Agreements made in FDR are not legally binding.

Mediators or Family Dispute Resolution Practitioners (FDRP) are a neutral third party that is impartial.  Their role is to facilitate communication between parties to effectively use the process to negotiate outcomes or agreements.  Mediators and FDRPs do not give legal advice or tell clients what to do, but they can assist in option generation and advocate on behalf of a child’s best interests.

Not all cases are suitable for mediation. The Family Law (Family Dispute Resolution Practitioners) Regulations 2008 require FDR practitioners to be satisfied that an assessment has been conducted, and that FDR is appropriate, before mediation begins.

FDRP’s are required to continually assess all cases for their appropriateness and safety on an ongoing basis throughout your service with us.

There is no simple answer to this question.  Each case is unique.  The process starts when one or both parties contacts our service and then proceeds through the structured process of intakes, information sessions and mediation.

Different families have different issues.  Some parties resolve all their issues in one mediation while complex issues will often take a longer process over a longer period of time.  When each family member makes their child’s interests the priority, workable parenting agreements can be reached sooner.

Our focus is to help clients to move forward as quickly as practicable.

It is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution before applying to a family law court for parenting orders.  However the mediation/FDR is a voluntary process and parties have the option to choose not to participate.  If one party chooses not to participate this may mean the other party may be eligible for a s60I Certificate.

Mediation is often the first step parties choose voluntarily when they can not agree on parenting issues.  The process is practical, confidential, faster and cheaper than most legal options.

Mediation/FDR begins when one or both parties contact our services.   If one party initiates mediation with WordCo we will contact the other party to invite them into the process of mediation.

Each party will speak to the mediator individually for their intake appointment.  This appointment allows parties to explain their concerns to the mediator, ask questions and discuss the process of mediation.  The mediator will ask information around your circumstances in preparation for the mediation and also to assess your case for suitability of the mediation process.

After both parties have completed their intake session, the mediator will assess the case for suitability and consider the type of mediation process that is best suited to your case.  Process suitability may include:

• joint mediation session (in person, telephone or virtual)
• shuttle formats where the mediator speaks to parties individually in turn to assist with information and idea sharing
• interpreter, assistance or support required
• or, the mediator may decide to not offer or continue mediation service

On completion of mediation parties will receive a copy of any agreements made.   These agreements are made in good faith but are not legally binding.  Parties might not make full agreements or any agreements in mediation, however often gain a further understanding of an issue.

Assessment of cases is made on a continual basis.

The process of mediation/FDR is not always appropriate for every case. However, even if you can’t reach agreement, mediation may help, for example, with communicating better or having a greater understanding of each others points of view.

If you try FDR but it is unsuccessful or not appropriate and you wish to start a court application for a Parenting Order, you will require a certificate ( Section 60I Certificate) from an accredited practitioner that states that you attempted the mediation process.

It is a requirement under the Family Law Act 1975 that separating couples wanting to apply to the Court for a parenting order need to first indicate that a genuine effort to resolve the dispute by Family Dispute Resolution has been attempted.

To show that a genuine attempt has been made parties are required to obtain a certificate s60I. Only registered Family Dispute Resolution Practitioners can issue a Section 60I certificate.

There are five types of Section 60I certificates that can be issued, these are:

• you did not attend because the other party refused or failed to attend;
• you did not attend because the practitioner (mediator) considered that your circumstances were not appropriate for Family Dispute Resolution;
• you did not attend and the parties did not make a genuine effort to resolve the issues; or
• you did attend and the other party (or you) did not make a genuine effort to resolve issues.
• you and the other party started the mediation process, but the practitioner considered that it would not be appropriate to continue

The Court requires that a copy of the Section 60I certificate be filed with the Court Application.

Practitioners are experienced in speaking with people and encourage them to participate in the mediation process, however the process is voluntary.  Should a party choose not to participate we will advise you of your alternatives.

Our practitioners will guide you through the mediation process and help to prepare you for the mediation itself.

Some helpful recommendations for mediation preparation are:

• Consider what issues/topics are important to you that you would like to discuss on the day and write them down?
• Be prepared to listen.
• Think about options and ideas that might be workable for you and your separated family going forward.   Remember the process is to help you all move forward in a respectful and positive way.
• Prepare how you might ensure communication is/remains respectful and how you can stay focused on the topic being discussed.
• Seek legal advice on your topics and your options.
• Remain focused on children and the future.
• Consider any supports you may require before and after the mediation.

Everything you say in front of a Family Dispute Resolution Practitioner is confidential.  FDRPs must not disclose any communication made in mediation unless the disclosure is required or authorised under the Family Law Act.  There are some exceptions, such as if disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory (eg to comply with legislation requiring mandatory disclosure of suspected child abuse).

What is said during mediation cannot be used as evidence in court. However a FDRP must report child abuse or anything that indicates a child is at risk of abuse, and this may be used as evidence in some circumstances.