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Dispute Resolution in Family Law Proceedings

Dispute Resolution in Family Law Proceedings

What is Family Law Mediation

Mediation is a dispute resolution process where an independent practitioner helps parties reach agreement. It is confidential and anything discussed is generally not used in court unless both parties agree. Learn more about our approach at Jameson Law – Family Law and the Attorney-General’s overview of Family Dispute Resolution.

Is Mediation Mandatory before Court

In most parenting matters, parties are expected to attempt FDR and obtain a section 60I certificate before filing. There are recognised exemptions for urgency, family violence, or safety risks. See the Family Law Act 1975 and the Court’s guidance on Family Dispute Resolution. If you need tailored advice, contact us via Jameson Law – Contact.

Types of Family Mediation

Private mediation: you jointly brief a mediator and sign an agreement to mediate. Find nationally accredited practitioners through the Mediation Standards Board (NMAS). We can help prepare your brief and settlement options.

Community FDR services: government-funded options such as Family Relationships Online and Relationships Australia FDR offer intake and conferencing at low or no cost.

Legal Aid conferencing: if you have Legal Aid, mediation can be arranged through Legal Aid NSW FDR; your solicitor helps with documents and scheduling.

Court-based events: within proceedings, a Judicial Registrar may convene mediation or a conciliation conference. We represent clients at these events and prepare settlement documents such as consent orders.

How the Mediation Process Works

Before the session you will usually complete intake and sign a confidentiality agreement. Sessions may be joint, shuttle, or online. The process can settle all issues or narrow the dispute, which saves cost and time. Read related topics like parenting orders, financial agreements, divorce, and child support. For evidence-based practice notes, see AIFS family law resources.

When Mediation may not be Suitable

Mediation may not proceed where there is serious family violence, urgency, entrenched risk, or a lack of capacity to participate. Exemptions are outlined by the Federal Circuit and Family Court of Australia. Community options and safety planning are available through Family Relationships Online. Independent guidance on safety and services is also available at Relationships Australia.

Costs and Next Steps

Costs vary by provider and complexity. Community programmes can offer reduced fees. Private mediators set their own rates. We help you decide which pathway suits your matter and budget. If you have been invited to mediation, book a confidential consultation with Jameson Law, or call (02) 8806 0866 to discuss strategy and representation. If agreement is reached, we prepare consent orders for filing with the Court.

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