SECTION 60I CERTIFICATES – WHAT ARE THEY?
Section 60I of the Family Law Act provides that in most cases, (except in some circumstances such as cases of urgency, where there is family violence or children are in danger of abuse), mediation (family dispute resolution is the term given to mediation under the Family Law Act) must take place before court proceedings can be commenced.
This compulsory mediation must be undertaken by a registered family dispute resolution practitioner. Our partner Randal Binnie is a family dispute resolution practitioner. There are a number of types of certificates which might issue including:
- both parties took part in mediation and made a genuine effort to reach agreement; one party refused to take part;
- before the mediation the mediator determined that the mediation should not commence because of the matters mention previously (family violence, children at risk);
- during the mediation the mediator ceased the mediation because of the matters previously mentioned or for some other reason; or
- for another reason permitted under the Regulations governing the issue of certificates.
If you are invited to take part in mediation you should obtain legal advice but also consider accepting the invitation unless it is clear that mediation is not appropriate. There may be consequences in the event a refusal certificate is issued by the mediator such as costs being ordered against you if proceedings are commenced. In any event mediation is likely to help you resolve your differences or at least help you put some partial agreement into place for the short term.
