Alternative Dispute Resolution

The family law courts were one of the first of the various courts and tribunals around Australia to embrace alternative dispute resolution.

This came in the form of requiring parties to a parenting or property dispute in the the Family Court to attempt alternative dispute resolution such as a mediation in an attempt to resolve the dispute.

For parties who want to file their parenting dispute in the Federal Circuit Court (or the Family Court), they need to be able to produce proof that they have tried to mediate.

This is in the form of a Section 60I certificate and can be obtained from any service such as Relationships Australia or Uniting Care, or from private providers.

For parties who want to file their property dispute in the Federal Circuit Court, they can expect to likely be directed to attempt mediation, either on a privately funded basis, or by attending a “conciliation conference” which is essentially a court-funded mediation event.

A mediated outcome is often more satisfying that a court-ordered outcome because you are part of the outcome process, rather than subject to the outcome process of a third party (a court).

Of course, every case is different and sometimes, a court-ordered outcome is unavoidable for certain reasons.

If you would like more information about mediation or family law general, please contact us at Freedom Law.


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