If your dispute involves children, it is almost compulsory that the parties attempt family mediation before going to court.
After attempting family meditation you will be issued with a certificate that shows you attended and attempted to mediate, allowing you to begin proceedings in court. This certificate is often referred to as a Section 60I certificate.
When you start proceedings in court, you will be asked to provide a copy of the Section 60I certificate. There are only a few exceptions where you will not need a Section 60I certificate. Only in certain circumstances, you will be able to file an application to the court without having a Section 60I certificate.
Those circumstances are usually if the case is very urgent, or where there is child abuse or domestic violence involved.
If you are involved in a property matter, you are not required to attend family mediation before starting a court application, nevertheless, it is very likely that at some point the court will make an order for you to undertake some form of mediation.
Relationships Australia can provide information on counselling and mediation – they offer family mediation services across Australia.
Click on the links below to find out further information about what your legal options are and what you need to consider when attending mediation.
Remember if you have a question about a particular issue, you can contact our solicitors for advice by phone or make a website enquiry directly to our office.