Dispute resolution certificates play a crucial role in the Australian family law system, helping separated couples resolve disputes related to parenting arrangements, property, and other issues arising from their separation. In this article, we will explore the meaning of dispute resolution certificates, the steps to obtaining them, and their significance in the Australian family law process.
What are Dispute Resolution Certificates in Family Law?
A dispute resolution certificate is an official certificate issued by a registered family dispute resolution practitioner (FDRP) to separating couples who have participated in family dispute resolution (FDR) in Australia. FDR is a process of resolving disputes through mediation or conciliation that helps couples reach a mutually agreed upon resolution.
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How to Obtain Dispute Resolution Certificates in Australian Family Law
To obtain a dispute resolution certificate in Australian family law, couples must participate in FDR with an FDRP. Both parties must attend the process voluntarily and have the capacity to make decisions related to their dispute. After the FDR process, if a resolution is reached, the FDRP will issue a dispute resolution certificate.
The Significance of Dispute Resolution Certificates in Australian Family Law
Dispute resolution certificates in Australian family law have significant importance as they provide evidence that separating couples have attempted to resolve their disputes through FDR. In most cases, the Federal Circuit and Family Court of Australia requires that couples participate in FDR before applying for a final resolution.
Having a dispute resolution certificate can also improve the speed of the court process and serve as proof of the couple's attempt to resolve their dispute in a timely and cost-effective manner. Obtaining a dispute resolution certificate can help couples avoid a lengthy and costly court process, and demonstrate their commitment to resolving their disputes through alternative means.
Of course, in some instances attending dispute resolution may not be suitable, and the Australian family law system recognises this. Some examples include where there is domestic violence or the matter is urgent.
Dispute Resolution Certificates in Parenting Disputes
The dispute resolution certificate in parenting matters is commonly known as the Section 60I Certificate. This Certificate is codified under Section 60I of the Family Law Act 1975 (Cth) which states that if parties have a dispute they must first make a genuine effort to resolve that dispute by attending dispute resolution, and that this requirement must be complied with prior to applying to the Court for orders.
While submitting a Section 60I Certificate as part of a property dispute is not required, obtaining a Section 60I Certificate is mandatory to any application that deals with parenting matters (even if intermixed with property matters). An exception to this rule is possible if the parenting matter must be presented to the Court urgently, without any delays. In such a case you will have to explain to the Court why you have not obtained a Section 60I Certificate, that is you have to give the Court an explanation as to why you and the other party to the proceedings have not attended dispute resolution.
Financial Disputes
What about family law disputes dealing with financial matters only? While you do not need a section 60I Certificate, you still have to make a genuine effort to resolve your dispute. This is commonly done via direct negotiations between the parties or the parties’ solicitors. These negotiations can be on a “without prejudice” basis which means the contents in those negotiations cannot be used against a party if the matter proceeds to Court. Mediation is another option for you to resolve your dispute which can also be very cost-effective in the long run.
If proceedings have already commenced, it is likely that you will be ordered by the Court to attend a conciliation conference before a Registrar of the Court or a private mediation regardless of whether you have attempted this in the past. As court proceedings are lengthy and tend to take up much of the Court’s time and resources, the Court is intent on the parties making genuine efforts in settling financial disputes.
What do I have to do to obtain a Section 60I Certificate?
In order to obtain a Section 60I Certificate you and the other party with whom you are in dispute will have to attend dispute resolution and you have to make a genuine effort to try and resolve your dispute. This means that you will have to talk about your dispute and try to come to an agreement about how you will resolve your dispute.
Dispute resolution can take many forms although in family law it is primarily done by ways of mediation where a third impartial party (a mediator) will assist the parties in dispute with their negotiations. After the conclusion of the dispute resolution, the dispute resolution practitioner will issue a Section 60I Certificate stating whether the parties refused or failed to attend dispute resolution and whether they made a genuine effort to resolve the dispute.
Domestic Violence and the Section 60I Certificate
While obtaining a Section 60I Certificate is mandatory for all parenting applications, you do not have to attend dispute resolution or mediation, if:
there is an Apprehended Domestic Violence Order (“AVDO” or “AVO”) in place;
you have safety concerns;
there are allegations of family violence;
there are allegations of child abuse.
In this case you may be excused from attending dispute resolution and a Section 60I Certificate will still be issued although it will be noted that in consideration of your circumstances attending dispute resolution is deemed inappropriate.
This of course does not prevent you from attending dispute resolution if you still choose to do so. However it is advisable that you check any current AVOs whether there are any restrictions preventing you from doing so. This is very important as you may be at risk of breaching a condition of an AVO which may be a criminal offence. You should also check with the dispute resolution practitioner whether they are in a position to make alternative arrangements such as conducting the dispute resolution mediation as a shuttle conference (where each party is in a separate room) or via telephone.
Conclusion
In conclusion, dispute resolution certificates in Australian family law are a critical aspect of the family law process. If you are a separating couple, it is important to understand the significance of dispute resolution certificates and to participate in FDR with a registered FDRP.
If you are a separating couple in Newcastle, the Central Coast, or the Hunter, it is important to seek the assistance of a qualified family law firm to guide you through the process of obtaining a dispute resolution certificate. At Ann Legal, we have a team of experienced family lawyers who are dedicated to helping our clients navigate the complex world of Australian family law. Our lawyers understand the importance of dispute resolution certificates and have the knowledge and experience to assist you in participating in FDR and obtaining a certificate.
In addition to our experience in family law, we also serve clients in Newcastle, the Central Coast, and the Hunter, making us a convenient and accessible choice for those in need of legal assistance. Don't let the stress of separation and disputes impact your future. Contact Ann Legal today to schedule a consultation with one of our experienced family lawyers. We will work with you to find a resolution that works for your unique situation.
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