Family Mediation
Good Family Mediation is perhaps one of the most important factors when going through a separation or divorce. There can be many factors leading up to separation. Each and every family is unique with different needs which need to be met from their mediation. It is important you have a mediator who is experienced, calm, non-bias and ready to support your family through to a new way of life.
There are many reasons people choose to come to family mediation.
- Fair and balanced approach to crucial decision making
- Increase your chances of coming to mutual agreements without the costs of lawyers
- Establish realistic communication channels where perhaps they had been severed
- The family court will not hear your case unless you have made a genuine attempt at mediation (in some cases the mediator may decide that mediation is not appropriate and issue a section 60I Certificate which represents this. This can then be used to go to court).
- Parenting plans
- Child support arrangements
- Financial and property settlement arrangements
Over 90% of people who go down the legal battle path, settle outside of court. DON'T WASTE YOUR TIME AND MONEY.
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Phone Mediation
Bourke Mediation specialises in distance mediation for rural and international families. Bourke mediation offers quality phone mediation for people who are separated by distance and are unable to physically meet. Phone mediation follows the same processes and regulations as normal face to face mediation, allowing more flexibility.
Shuttle Mediation
Shuttle Mediation is available for people who feel they cannot be in the same room as the other person. Shuttle mediation separates the two parties into two separate rooms, where the mediator is able to be face to face with each party and shuttle back and forth between the parties to mediate. Shuttle mediation usually takes a little longer than face to face mediation, however it still follows the same processes and regulations as normal face to face mediation.
Section 60I Certificates
Bourke Mediation is approved by the Attorney General to supply Section 60I certificates to parties which have met the appropriate criteria. Section 60I Certificates are a requirement of the Family Court. A section 60I certificate must be obtained before application to the court can be made. This is to show you have been to mediation and have made a genuine attempt to work out your differences before the court will hear your matter.
The types of section 60I certificates, which may be issued are:
- you did not attend because the other party refused or failed to attend;
- you did not attend because the practitioner (mediator) considered that your circumstances were not appropriate for Family Dispute Resolution;
- you did not attend and the parties did not make a genuine effort to resolve the issues; or
- you did attend and the other party (or you) did not make a genuine effort to resolve issues.
From 1 March 2009, Family Dispute Resolution Practitioners have been able to issue an additional type of certificate. It states that the Family Dispute Resolution (mediation) started, but the practitioner considered that it would not be appropriate to continue.
When filing an Application, the court requires that a copy of the Section 60I Certificate be filed with the court Application.