What If I Refuse Mediation?
What happens if I do not want to participate in Family Dispute Resolution (FDR) ?
If you are not wanting to participate in FDR that is your decision and can be discussed with the mediator. The mediator can assist by answering any questions and talking through any concerns. The mediator is also obliged to inform you of the next steps if you are not wanting to participate. If you do not wish to participate in FDR the mediator may be required to issue the initiating party with a Section 60i Certificate. This can allow the other person to explore further legal options such as making an application to the Family Court for the matter.
What is a Section 60i Certificate (s60i)?
Family Law Mediation is also called Family Dispute Resolution (“FDR“) and is the first step in parenting proceedings in most parenting matters. Before commencing Court action, a party must provide a certificate from an accredited Family Dispute Resolution Practitioner to say that the parties have made a genuine attempt at mediation. This is called a Section 60i Certificate (s60i) There are some exceptions and you should discuss any reservations that you have with either your Lawyer or the FDRP as one of the exceptions may apply in your circumstances.
There are several different Section 60i Certificates that can be issued. The Certificate will say one of the following:
• the other party did not attend
• you and the other party attended and made a genuine effort to resolve the dispute
• you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute
• the FDR practitioner decided your case was not appropriate for FDR, or
• the FDR practitioner decided it was not appropriate to continue part way through the FDR process.
If you want to say no to mediation because of fears of violence or fears that your child has been abused, you should raise these concerns as there is no requirement for FDR where there has been family violence or child abuse.
You should be aware that if you do not attend FDR or make a genuine effort to attend, this can influence the timing of your Court hearing and there is the potential that the Court may also order you to pay the other party’s legal costs.
The Court will be able to take into account your refusal to attend FDR if there is an application for costs. It is possible that the Court will make an order for the other party’s costs on the basis that you refused to attend mediation and thereby increased the costs of each party.
How We Help…
Marriage or relationship breakdown is one of the most stressful life events that you will encounter. Getting through it and successfully moving on will depend on many things, including the compassion, ability and experience of your mediator. We understand the difficulties often encountered by parties involved in Family Law disputes and assist our clients to achieve both short and long-term objectives. If your aim is to get things resolved fairly and quickly so that you can get on with life and/or make a fresh start, call now to speak to one our Family Dispute Practitioners.