Timeframes and s60i 

TIMEFRAME

Mediation moves at the pace that you need. Our mediators are committed to providing an appointment within seven days of your initial contact. Resolving outstanding parenting and property matters is essential, and we appreciate the desire to start the process as soon as possible. 

After initiating mediation, we will contact your ex-partner, inviting them to attend an intake and assessment interview. If your ex-partner does not respond within fourteen days to that letter, email or telephone call, we will make another attempt.

If there is still no response from them after an additional seven days from the second contact, you can request a section 60i certificate stating that mediation did not occur because your ex-partner did not attend/respond. 

If your ex-partner does respond, we will offer them an appointment within seven days. We try to ensure minimal delay in the process. Hence, if you or your partner continues to decline available times or cancels appointments without a valid reason, you may request a “did not attend” section 60i certificate.

If the other party attends an intake and assessment interview, and the mediator deems it appropriate to proceed to mediation, we will offer a joint mediation appointment time within the next fourteen days, subject to availability.

Depending on the level of commitment by the parties, the process can take around a month. As advised if, there are unreasonable delays in attempting mediation, and it was considered appropriate to proceed, a section 60i certificate may be issued.

Section 60I Certificate

It is a requirement under the Family Law Act 1975 that separating couples that want to apply to the Court for a parenting order need first to make a genuine effort to resolve the dispute by family dispute resolution.

To demonstrate that a genuine attempt has been made, parties must obtain a certificate 60I, and registered Family Dispute Resolution Practitioners can only issue that can issue a Section 60I certificate.

 

Five types of section 60I certificates can be issued, these 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.

  • You and the other party started the mediation process, but the practitioner considered it inappropriate to continue.

 

A copy of the Section 60I certificate must be filed with your Court Application.

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