We often have family law clients – particularly those wishing to undergo mediation – confused about what a S60i certificate is and when it is needed in the family law process.
In this blog, we simply answer many of the common questions and explain the legal process.
What is a S60i certificate?
A S60i certificate is a Section 60i family dispute resolution certificate which you must have before taking a almost any parenting family law matter to court. Note, these are only needed for parenting matters, not property matters.
This certificate can only be issued by an accredited mediator or family dispute resolution practitioner, so to have one issued, you must demonstrate to a mediator or family dispute resolution practitioners that you cannot result your dispute.
Some people go to mediation genuinely trying to resolve their dispute, but can’t and court is the next step. Others do not intend on ever resolving their dispute through mediation, and wish to go to court. They must still attend mediation to obtain a S60i certificate. There are five different types of certificates that a mediator or family dispute resolution practitioner will issue depending on the circumstances:
1) the person did not attend Fmily Dispute Resolution (FDR) due to the refusal or failure of the other person or people to attend.
2) the person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
3) the people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
4) the people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
5) the people began FDR, but part way through the practitioner decided it was not appropriate to continue.
When do I need a S60i certificate?
You will only need a S60i certificate if you intend on starting court proceedings to resolve your matter. If you resolve your matter during mediation, you will not need a certificate.
Deborah Awyzio is a nationally accredited mediator and approved family dispute resolution provider under the Family Law Regulations and can issue S60i certificates.
If you would like to know more about mediation, please contact Deborah Awyzio Mediation to discuss your matter.