Under the Family Law Act (CTH) 1975 separated parents must make a genuine effort to resolve any child related disputes through mediation before applying to the Court for a parenting order (except in some discrete circumstances such as urgency).

If you and your ex are trying to negotiate arrangements for your kids and are struggling to reach agreement on your own, mediation is usually an excellent option that is cost effective and can help you stay focused on resolving your matter whilst preserving your relationship.   

Mediation gives people the chance to negotiate their own arrangement which can then either be formalised into a parenting plan or a consent order. 

Mediation should be facilitated by a registered family dispute resolution practitioner (Mediator). The Mediator is in an impartial person, who is able to discuss the family law process with you and assist you to reach an agreement that is tailored to suit your family’s needs.

There are various types of mediation centres available

Not for profit

Government run organisations that offer family dispute resolution at no cost to some families.

• Family mediation and dispure resolution

Private

Set their own rates which vary from centre to centre.

• Bayside Mediation
• Better Place Australia

At the conclusion of the mediation process, the Mediator will issue a certificate which sets out whether you were able to reach agreement or not. If you were unable to reach agreement and you need to issue court proceedings, this certificate is attached to your court application to show the court that you have attempted mediation as a first resort.

If you need more information regarding the mediation process and the different types of agreements, please click on the links below

• If you can't agree on arrangements
• If you agree on arrangements
• Compulsory family dispute resolution - Court procedures and requirements
• Marriage, familes and separation

Tamie Moore – Law Graduate