Do You Still Need Mediation First? Understanding New Family Law
Australia’s Family Law Act 1975 has long required separating couples to attempt mediation before heading to court for parenting matters. However, recent changes to Family Law rules are shifting how dispute resolution is approached.
If you’re wondering whether you still need to attend mediation before starting court proceedings, this article explains the updated rules, when mediation is required, and the limited circumstances where you may be exempt.
It’s facilitated by a registered Family Dispute Resolution practitioner and aims to reduce conflict, encourage cooperation, and promote agreements that work in the best interests of the children involved.
The Traditional Requirement for Mediation
Under the Family Law Act 1975, parties were generally required to make a genuine attempt at mediation before they could file parenting applications in the Family Court. This rule was introduced to help reduce the strain on the court system and encourage amicable resolutions.
Upon successful completion of mediation, parties would receive a Section 60I Certificate, which is usually necessary before initiating court proceedings for parenting orders.
What Has Changed in Family Law Mediation Rules?
Recent reforms to Australia’s Family Law system focus on strengthening child safety, simplifying legal processes, and improving accessibility.
As part of these changes, there’s now a greater focus on flexibility in how dispute resolution is approached. While mediation remains a crucial step in many cases, the Family Law system now provides clearer guidance about when court proceedings can begin without it.
When Is Mediation Still Required?
In most parenting disputes, attending mediation remains a mandatory step before applying to court. This applies to disagreements regarding:
Parenting arrangements
Time spent with children
Decision-making responsibilities
Child-related communication
If mediation succeeds, a parenting plan or agreement can be created and formalised by consent orders if required.
Urgent Cases: Where urgent court orders are needed, such as cases involving relocation or immediate safety risks.
Family Violence or Abuse: If there’s evidence of family violence, child abuse, or a risk of either, you may be exempt from attending mediation.
Previous Attempts at Mediation: If you’ve already tried mediation but were unsuccessful, you may proceed directly to court.
Practical Challenges: Cases where one party is unable to participate effectively, such as those involving serious health issues or incarceration.
Other Exceptional Circumstances: If a court deems it inappropriate for parties to attempt mediation before applying.
What is a Section 60I Certificate?
The Section 60I Certificate remains an essential document in many cases. It confirms that:
You attempted mediation but it was unsuccessful;
The other party refused to attend;
Mediation was considered inappropriate; or
The process was completed but no agreement was reached.
This certificate is typically required before court applications for parenting orders can proceed, unless you fall under an exemption.
The Role of Family Dispute Resolution Practitioners
Family Dispute Resolution practitioners continue to play a pivotal role in the Family Law process. Their responsibilities include:
Assessing whether mediation is appropriate
Facilitating the dispute resolution process
Issuing Section 60I Certificates where necessary
Referring parties to relevant support services if risks are identified
Why Mediation Remains an Important First Step
Even with the updated rules, mediation remains a valuable and effective way to:
Reduce stress and conflict
Save time and money compared to lengthy court proceedings
Empower families to make their own decisions
Foster cooperative parenting relationships
Additionally, agreements reached through mediation often feel more tailored and acceptable to both parties, increasing long-term compliance.
How to Get Started with Mediation
If you’re separating and have children, it’s advisable to seek Family Dispute Resolution services early in the process. You can:
Contact a registered Family Dispute Resolution provider
Speak with a Family Lawyer for tailored legal advice
Explore community-based services offering low-cost or free mediation
The latest reforms to Australia’s Family Law aim to balance flexibility with the need to prioritise children’s best interests. While mediation remains a key step in most cases, there are now clearer pathways for urgent or high-risk situations.
If you’re uncertain whether you need to attend mediation or if you qualify for an exemption, it’s essential to get legal advice before proceeding.
Contact New South Lawyers, our experienced Family Law team can assess your situation, explain your options, and guide you through mediation or court proceedings with clarity and compassion.
