Frequently Asked Questions
What is a section
60I Certificate?
A section 60I certificate relates to family law parenting matters and is either party's "ticket" to commence Court proceedings. The mediator will issue a section 60I certificate if a settlement is not reached or if the other party does not engage in the mediation process. The section 60I certificate expires 12 months from the date of issue.
What is Confidentiality
and Inadmissibility?
Inadmissibility means the things said and documented at mediation cannot later be used in Court as evidence. Confidentiality applies to mediation and means the things that are said or done at mediation cannot be repeated to others outside of mediation unless a limited exception applies. Inadmissibility and confidentiality enhance open communication and allow people to speak and negotiate without the fear that what they say or offer at mediation will be used against them later.
Is a Signed and Dated Agreement Confidential?
No, unless stated otherwise within the agreement itself. If all parties sign and date an agreement then the agreement is no longer required to be kept confidential and the agreement can be used in Court as evidence, which may benefit or harm your case. The verbal comments and offers made at mediation must still be kept confidential, the exception only applies to the content of the signed and dated agreement. Deciding whether to sign and date your agreement is therefore a very important decision. We suggest you obtain legal advice prior to signing and dating an agreement.
Do I have to Attend Mediation?
What if the Other Side Ignores our Request for Mediation?
What if the Other Party Intentionally Delays Mediation?
No, mediation is a voluntary process. Because of the significant time and cost benefits of mediation it is common for Court's to order parties to attend mediation as part of the Court process. In relation to family law parenting matters, parties must attend mediation prior to commencing Court proceedings. In relation to property matters, you must invite the party to attend mediation prior to commencing Court proceedings.
Ignoring requests to attend mediation can negatively impact your case and can have cost implications (depending on the reason for ignoring the mediator). The mediator will invite the other side to mediation in writing twice. In family law matters, if there is no response the mediator can issue a section 60I certificate so the engaged party can progress the matter in Court.
For family law parenting matters, if the mediator believes a party is intentionally delaying mediation (eg by scheduling dates and cancelling multiple times or choosing a date a long time in future without reasonable explanation) the mediator may issue a section 60I certificate. For all matters, intentional delays may be brought to the Court or tribunals attention and may negatively impact the delaying parties case and may have cost implications.