Confidentiality is a cornerstone of mediation and Family Dispute Resolution because it ensures that everything discussed remains private and protected. Under the law, the mediator cannot disclose the details of your conversation to outside parties or provide evidence in court about what was said during the sessions. This legal protection allows you to speak openly and explore various settlement options without the fear that your words will be used against you later if the matter does not settle. While there are limited exceptions such as a duty to report threats of harm or child abuse, the general rule of privacy is strictly maintained to encourage honest and meaningful negotiation. By keeping the process out of the public record, you can focus on finding a resolution in a safe and secure environment.

Your safety is the absolute priority. Before any mediation takes place, a thorough, confidential intake and suitability assessment is conducted. If mediation is not safe or appropriate, we can discuss alternatives, including referrals to support services or the issuance of a Section 60I certificate.

Safety is managed through a comprehensive intake and screening process where a mediator assesses both parties individually to identify any risks or power imbalances. Based on this assessment, a mediator can implement protective measures like shuttle mediation to keep you in separate rooms or conduct the session remotely via video call. Mediators often use staggered arrival and departure times to prevent any unplanned encounters in common areas or parking lots. If a mediator determines that the process cannot be conducted safely or fairly, they will terminate the session and provide the necessary documentation to proceed to court. These protocols ensure that the environment remains secure and that your well-being is prioritised throughout the entire negotiation.

You do not necessarily have to see or speak directly to the other party during the process. While many sessions occur with everyone in the same room, you can request a format known as shuttle mediation where you and the other party remain in separate rooms. In this setup, the mediator moves back and forth between the rooms to convey information and proposals. This approach ensures that you can participate fully and feel secure without needing to have direct contact or face-to-face conversation. Your comfort and safety are a priority, so you should discuss these options with Marie beforehand to determine which arrangement works best for your situation.

If you reach an agreement during mediation, the mediator will help you document the specific terms in a written document often called a Heads of Agreement or a Parenting Plan. While these documents show a mutual commitment to the decided terms, they are generally not legally binding on their own. To make the agreement enforceable by law, you can choose to have a lawyer draft the terms into Consent Orders which are then submitted to the court for formal approval. Once the court approves these orders, they carry the same weight as a judgment made after a trial. Reaching this stage provides a clear roadmap for the future and allows both parties to move forward with the certainty of a settled outcome.

Generally, an agreement reached in mediation is not automatically enforceable by law. While documents like a Parenting Plan or a signed Heads of Agreement reflect a mutual commitment, they do not carry the same legal weight as a court order. To make your agreement legally binding and enforceable, you must take the extra step of having the terms drafted into Consent Orders and filed with the court. Once the court approves and seals these orders, they have the same legal power as a decision made by a judge after a trial. For financial and property matters, there is also the option of a Binding Financial Agreement. Taking these formal steps ensures that the arrangements you made during mediation can be legally upheld in the future. You should speak to a lawyer to make sure you choose the right type of agreement for your circumstances.

If you are unable to reach an agreement, the mediator will discuss the next steps available to you. In family law matters, the practitioner can issue a section 60I certificate which confirms that a genuine effort was made to resolve the dispute through mediation. This certificate is generally required if you decide to apply to the court for parenting orders. Without a mutual agreement, the dispute remains unresolved and you may need to seek legal advice to explore other avenues like further negotiation through lawyers or starting a formal court proceeding. Even if a full agreement is not reached, the process often helps clarify the specific issues in dispute which can save time and narrow the focus of future legal actions.

A section 60I certificate is a formal document issued by an accredited Family Dispute Resolution practitioner that serves as proof that you have attempted to resolve your parenting dispute through mediation before going to court. Under Australian law, you generally cannot file an application for a parenting order without this certificate unless a specific exception applies, such as cases of urgent risk or family violence. There are five different types of certificates that can be issued depending on the situation. These range from confirming that a genuine effort was made by everyone to resolve the issues, to noting that one person refused to attend or that the mediator determined the process was not appropriate for your specific case. Each certificate essentially acts as a gateway to the court system by demonstrating that you have complied with the legal requirement to try out of court resolution first. It is important to know that these certificates are valid for 12 months after the last mediation session or attempted session. If you do not file your court application within that timeframe, you may need to attend mediation again to receive a new certificate.

Section 60I certificates are not automatically or always issued and are only provided at the request of a party after the Family Dispute Resolution process has been initiated. An FDRP will only issue a certificate after they have completed a formal assessment and determined that the case is either unsuitable for mediation or that a genuine effort was or was not made. However, you must ask your practitioner to provide the document once the process concludes because it is not a standard part of every file. It is also important to remember that practitioners have the discretion to refuse a certificate if they believe the legal requirements for the specific type of certificate have not been met.