This requirement exists because courts recognise that cooperative parenting arrangements are usually better for children. Mediation also gives both parties more control over outcomes rather than leaving decisions entirely in the hands of a judge.
However, mediation can only work if both parties are willing to participate in good faith.
When Your Ex Refuses Mediation
If your former partner refuses to attend mediation, you are not automatically stuck or prevented from progressing your matter. In most cases, the mediator or Family Dispute Resolution practitioner will issue a certificate confirming that mediation was attempted but unsuccessful or that one party refused to attend.
This certificate is important because it allows you to take the next legal step — applying to court.
The Section 60I Certificate Explained
In parenting matters, the mediator may provide what is commonly called a Section 60I Certificate. This document confirms one of several possibilities:
Both parties attended but did not reach agreement
One party refused or failed to attend
The practitioner considered mediation inappropriate
The process began but was not completed
Receiving this certificate usually satisfies the court requirement that mediation was attempted before filing an application.
Situations Where Mediation May Not Be Required
There are circumstances where mediation is not necessary before going to court. These include situations involving:
In such cases, you may be able to apply directly to court without attempting mediation first.
What Happens After Mediation Is Refused?
If your ex refuses mediation, your next steps depend on the type of dispute.
Parenting MattersYou can apply to the court for parenting orders. The court will consider the best interests of the child as the primary factor. Judges will examine issues such as:
The child’s relationship with each parent
Safety and wellbeing
Practical parenting arrangements
Each parent’s capacity to care for the child
Importantly, a parent who refuses mediation without reasonable grounds may not be viewed favourably by the court, as cooperation is considered beneficial for children.
Property and Financial MattersFor property settlements, mediation is encouraged but not always mandatory. If negotiations fail or your ex refuses to participate, you may commence court proceedings to resolve financial disputes.However, courts still expect parties to make genuine attempts to resolve issues beforehand. Demonstrating that you tried mediation or negotiation can strengthen your position.
Possible Court Outcomes
If your matter proceeds to court, the outcome will depend on the evidence presented. Courts may issue orders regarding:
Parenting arrangements
Property division
Spousal maintenance
Communication methods between parties
Litigation can be costly and time-consuming, so legal advice is essential before taking this step.
Can Your Ex Be Forced Into Mediation?
In most cases, a court cannot force someone to participate meaningfully in mediation. However, judges may order parties to attempt dispute resolution during proceedings, particularly if it appears the matter could settle without trial.
If a party continues to refuse cooperation, the court may consider this behaviour when making decisions about costs or parenting arrangements.
The Importance of Legal Advice
Every Family Law situation is unique. Factors such as children’s ages, financial complexity, safety concerns, and communication history all influence the best strategy moving forward.
Seeking advice from an experienced family lawyer can help you:
Understand your legal rights
Prepare for mediation or court
Protect your interests
Reduce stress and uncertainty
Early legal guidance often prevents costly mistakes and can lead to faster resolutions.
Practical Steps You Can Take Now
If your ex refuses mediation, consider the following actions:
Contact a Family Dispute Resolution provider to document your attempt.
Obtain the appropriate certificate if mediation cannot proceed.
Gather relevant documents and evidence.
Seek legal advice about your options.
Consider whether court proceedings are necessary.
Taking proactive steps demonstrates your willingness to resolve matters responsibly.
When a former partner refuses mediation, it can feel frustrating and discouraging. However, Australian Family Law provides pathways forward. Whether through court applications or further negotiations, you are not left without options.
The key is to act promptly, stay informed, and obtain professional guidance to protect your rights and your family’s future.
If your ex is refusing mediation and you’re unsure what to do next,
Speak with a qualified Family Law professional. Contact New South Lawyers today. Early advice can make all the difference in achieving the best possible outcome for you and your children.
