What is child custody mediation?

When parents separate, deciding on parenting arrangements can be one of the hardest parts of the process. Mediation is an intervention from a third party, or mediator, in a dispute to help assist the parties in negotiating and jointly accepting a resolution of an issue of conflict that they may be facing. But what is child mediation and how does it work in Australia?

Mediation, also known as Family Dispute Resolution (FDR), is a process where separated parents work with a neutral torrid party, a Family Dispute Resolution Practitioner (FDRP), to reach an agreement about parenting arrangements. Unlike a judge, the mediator doesn't make decisions, they simply help both parties communicate, explore their options and find common ground. The goal of this is to create a practical and child-focused agreement. In most cases, attending mediation is a required step before you can apply to the court for parenting orders, as outlined in the Family Law Act 1975.

Mediations can take place over the phone, online or face to face. The mediator guides the conversation, ensures each parent is heard and helps the discussion remain focused on the child’s best interests. Topics can include who the child lives with, how much time the child spends with each parent, school arrangements, holidays and more. If an agreement is reached, it can be written into a parenting plan or formalised through the courts with a consent order. If mediation is unsuccessful or inappropriate, the mediator can issue a section 60i certificate, which is needed to initiate court proceedings.

There are many benefits that come with going to meditation. These include

• Cost-effective: mediations are generally less expensive that going to court
• Quicker resolution: Disputes can be resolved in weeks or months rather than waiting for a court hearing
• Less stress: The process is less formal, helping to reduce conflict between parents
• Focus on the child: Mediations help both parties consider what arrangement will be best for the child’s best interests.
• Improves communication: Parents are encouraged to work together and build a more stable co-parenting relationship
• Private and confidential: Mediations take place in a confidential setting

Mediation can be a highly effective way for parents to sort out parenting arrangements in a less adversarial and more supportive environment. While it may not be suitable in all situations, especially where there’s a history of abuse or safety concerns, it remains a practical first step for many families.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.