Separation often involves difficult decisions about children, finances and the family home. Family mediation Melbourne-wide — formally known as family dispute resolution (FDR) — provides a structured way for separating families to identify issues, exchange proposals and work towards practical agreements without asking a judge to decide every issue.
Important: In most parenting matters, a person must make a genuine effort to resolve the dispute through family dispute resolution and obtain a section 60I certificate before applying to the Court, unless an exemption applies. The participants remain free to decide whether they agree to any proposed outcome.
What Is Family Dispute Resolution?
Family dispute resolution, commonly called FDR or family mediation, is a process in which an independent family dispute resolution practitioner helps people affected by separation or divorce resolve some or all of their disputes. The practitioner facilitates discussion, helps identify the issues and supports negotiation. The practitioner does not take sides, impose a decision or provide legal advice in their role as an FDR practitioner.
For the statutory protections associated with FDR, including the ability to issue a section 60I certificate, the process should be conducted by an accredited family dispute resolution practitioner. Accreditation can be checked through the Commonwealth Family Dispute Resolution Register.
What Can Family Mediation Help With?
Depending on the circumstances and the service being used, FDR or mediation may assist with:
- parenting arrangements, including where children live, time with each parent, communication, holidays and changeovers
- how major long-term decisions concerning children will be made
- property and financial issues arising from separation
- child support and related financial arrangements
- communication and practical arrangements between separated family members
The statutory requirement to obtain a section 60I certificate concerns applications for parenting orders. It is not the same as the pre-action requirements that may apply to financial or property proceedings.
How Does the Family Mediation Process Work?
Family mediation Melbourne providers usually begin the process with each person completing an intake and assessment. The practitioner assesses whether FDR is appropriate, including whether each person can participate safely and effectively. If the matter proceeds, the conference may be conducted jointly, in separate rooms, remotely or through another arrangement considered appropriate by the provider.
During the conference, the practitioner assists the participants to define the issues, consider relevant information, identify options and negotiate proposals. The participants decide whether an agreement is reached. The practitioner cannot compel either person to accept a proposal.
Is Family Mediation Voluntary?
The outcome is consensual: no participant can be forced to agree to proposed terms. However, FDR is not accurately described as entirely optional in every parenting case. Before commencing parenting proceedings, a person is ordinarily required to make a genuine effort to resolve the dispute through FDR and file a valid section 60I certificate, unless an exemption applies. The Court may also direct parties to participate in dispute resolution after proceedings have begun.
Possible exemptions include circumstances involving urgency, family violence, child abuse or another reason that makes FDR inappropriate. Whether an exemption is available depends on the facts and should be considered with a family lawyer.
Is Family Mediation Confidential?
FDR conducted by an accredited family dispute resolution practitioner is generally confidential, and most communications made during the process are not admissible in court. These protections encourage participants to discuss settlement options openly.
Confidentiality is not absolute. The law requires or permits disclosure in certain circumstances, including where disclosure is required by law or is reasonably believed to be necessary to protect a child from harm, address a serious and imminent threat, or report or prevent specified criminal conduct. Intake staff or other people who are not accredited FDR practitioners may not be covered by the same statutory protections. The provider should explain confidentiality and its limits before the process begins.
Family Mediation Compared With Court Proceedings
In mediation, the participants retain control over whether they reach agreement and can develop arrangements suited to their family. In court proceedings, judicial officers make decisions by applying the law to the evidence. Mediation can be less formal and may narrow the issues even where it does not resolve the entire dispute.
When Court Proceedings May Still Be Necessary
Court proceedings may be necessary where agreement cannot be reached, urgent orders are required, disclosure is inadequate, a party will not engage meaningfully, or the matter cannot be mediated safely. Legal advice can help identify the appropriate process, the evidence required and the orders available.
When Family Mediation May Not Be Suitable
FDR is not appropriate in every matter. Family violence, coercive control, threats, child-safety concerns, serious power imbalances, impaired decision-making capacity or an inability to negotiate safely may affect whether the process should proceed. A practitioner must assess suitability and may consider safeguards such as separate sessions or remote participation. In some cases, the appropriate course is not to proceed with FDR and to consider an exemption from the usual parenting pre-filing requirement.
Anyone concerned about immediate safety should contact emergency services or an appropriate family violence support service. Legal advice should be obtained before agreeing to a process that may not be safe or suitable.
What Happens if an Agreement Is Reached?
An agreement reached at mediation is not automatically a binding court order. The method of formalisation depends on the subject matter:
- Parenting arrangements may be recorded in a parenting plan or formalised through consent orders.
- Property and financial arrangements may be formalised through consent orders or, where legally appropriate, a financial agreement.
- Child support arrangements may require a separate child support agreement or another appropriate mechanism.
A family lawyer should review the proposed terms before they are signed or implemented. This helps ensure the wording is clear, workable and legally effective, and that any tax, superannuation, transfer or enforcement issues are addressed.
How a Family Lawyer Can Assist
A family lawyer can help before, during and after mediation by advising on legal rights and obligations, identifying necessary disclosure, preparing a balance sheet or parenting proposal, explaining the range of possible outcomes, attending mediation where appropriate, and drafting the documents needed to formalise an agreement.
INCA Lawyers can provide advice about parenting, property settlement, divorce and separation, child support and related family law issues, assist clients to prepare for family mediation Melbourne-wide, negotiate proposals and advise on the formalisation of any agreement. Contact our family lawyers to discuss your situation.
Family Mediation Melbourne: Where to Find Services
The Melbourne Family Relationship Centre is located at Lower Ground Floor, 379 Collins Street, Melbourne, Victoria 3000 and can be contacted on (03) 8625 3666. Services are also available through community organisations, Victoria Legal Aid and private accredited practitioners. The Commonwealth Family Dispute Resolution Register can be used to check whether a practitioner is accredited.
Fees, eligibility, waiting periods and service models vary. Before booking, compare family mediation Melbourne providers and ask about accreditation, intake and screening, confidentiality, available safety arrangements, fees, expected timeframes and whether lawyers may attend.
Family Mediation Melbourne: Frequently Asked Questions
Do I need to try FDR before going to court?
In most parenting matters, yes. A person ordinarily needs a valid section 60I certificate before applying for parenting orders, unless the Court grants an exemption. Different requirements apply to financial and property proceedings, although parties are generally expected to make genuine efforts to resolve disputes before litigation where it is safe to do so.
Can the mediator make a decision?
No. The practitioner facilitates discussion and negotiation but does not impose an outcome. If agreement is not reached and court proceedings are commenced, the Court may make orders after considering the evidence and applicable law.
Can what I say be used in court?
Most communications made during FDR conducted by an accredited practitioner are confidential and inadmissible. Important statutory exceptions apply, particularly where disclosure is required by law or relates to risks of harm or specified serious conduct. Obtain advice about the particular process and provider before participating.
Is an agreement reached at mediation legally binding?
Not necessarily. The agreement may need to be documented as consent orders, a parenting plan, a financial agreement, a child support agreement or another legally appropriate instrument. The correct method depends on the issues resolved and the intended legal effect.
Can mediation proceed where there has been family violence?
Sometimes, but only after careful assessment. The provider may use safety measures, or may determine that FDR is not appropriate. A person should disclose safety concerns during intake and obtain legal advice about available alternatives and any exemption from the pre-filing requirement.
General information notice: This article provides general information about Australian family law and is not legal advice. Family law outcomes and procedural requirements depend on the circumstances of each matter and may change. Obtain advice from a qualified family lawyer about your situation before acting or commencing proceedings.