You’re in a relationship where there is a history of Family Violence and you are not sure if you should Mediator or not.

Couples with IVO’s in place, typically involve a parent who wants to mediate and a parent who doesn’t want to mediate.

Often the party who does not want to mediate may feel unsafe or feels they won’t get a fair hearing with their former partner in any form of negotiation.

The other party is often restricted from seeing their children and is wanting to resolve the dispute as quickly as possible to allow access to their children again.

Both parties often feel powerless in the situation and Mediation offers the safe, impartial, confidential space to discuss and resolve issues.

Here are 13 things you should consider:

  1. Most IVO’s have an exception for Counselling and Mediation, so mediation is often possible.
  2. Mediation is a requirement of the Family Law Act, couples are required to attempt Mediation before they can take a dispute to court.
  3. You can request a Shuttle Mediation if you feel unsafe and good Mediation services will proved that for you.
  4. Mediators offer a safe, impartial space for couples to discuss their differences and good Mediators manage their space well.
  5. If Mediation fails or is refused by one parent, the Mediator will issue a 60(I) certificate if requested by the other party, even with an IVO in place.
  6. If your circumstance warrant, for example, if there is extreme violence, drug and or alcohol abuse, your Solicitor can make application to the court on your behalf for an exception from obtaining the certificate.
  7. Using a Solicitor to advocate for you when you have been requested to attend mediation does not resolve anything. Solicitors do not have authority over Mediation, they do not tell Mediators what to do.
  8. If you refuse to attend Mediation, it is entirely up to the Mediator if they issue the 60(I) certificate or not.
  9. Saying you want to use a different mediation service will not necessarily satisfy the Mediator that you are genuine and they will often issue
  10. If you have concerns or are apprehensive, it is always better to at speak with the Mediator to see if they can adequately support you in a Mediation and to discuss your options.
  11. Mediation is by far the best and cheapest option for separating parents and should be your first choice.
  12. Mediators are neutral, not matter which parent makes the initial contact there is no advantage.
  13. If a certificate is issued, it may take several months for your matter to go before a Judge, you could seek Mediation elsewhere in the interim.

What is a 60(I) Certificate?

This is the certificate a Mediator will issue allowing one or both parties to make an application to take their dispute to court.

Saying no or refusing to speak to the Mediator, are there any possible consequences?

  1. By refusing to attend Mediation you will often leave the Mediator with no other choice than to issue the certificate.
  2. If you respond to the letter you receive from a Mediator via your solicitor, again you put the Mediator in a difficult position. Mediators have strict confidentiality requirements and speaking through a third party requires written permission from the person being asked to attend Mediation.
  3. Refusing to speak to the Mediator creates doubt in the mind of the Mediator that you are genuine (very often people use these types of tactics to delay the process).
  4. If you can afford a Solicitor, you can afford Mediation.
  5. Using a solicitor to communicate with the Mediator may result in the Mediator making assumptions about the reasons why you are delaying and if asked they may issue the certificate.
  6. What is often not realised by parents is that Courts will order parents back to Mediation if they feel it is warranted, so refusing to attend can be futile as you will end up in Mediation anyway. However, this time in court with a strict time limit and the added expense of Barristers and Solicitors
  7. Another option open to Judges is to order cost against the person who is refusing to attend Mediation.
    Your best option is always to speak with the Mediator when they contact you, they are there to help and they are impartial, so you have nothing to fear and a whole lot to gain.
35 replies
  1. Tomwok
    Tomwok says:

    Scoliosis is where your spine begins to curve. People who have scoliosis will find that their spine is shaped as a C or an S (PubMed). Everyones back
    lumbar spondylolisthesis
    Staying active in the winter north carolina cooperative extension escoliosis fotos

  2. ZycVart
    ZycVart says:

    La ciudad de Filadelfia ofrece un paquete de prestaciones y salarios excepcionalmente competitivo. A medida que avanza la carrera de un oficial de
    su nombre
    Declaración de Turkistantimes realizada por académicos interesados ​​sobre la detención masiva en China de minorías turcas de seguridad social Obtenga una nueva tarjeta de seguridad social, número de teléfono de seguridad social, cambio de nombre de seguridad social, oficina de administración de seguridad social, oficinas de seguridad social

  3. gamefly free trial
    gamefly free trial says:

    I’ll right away take hold of your rss as I can not to find your e-mail subscription hyperlink or e-newsletter
    service. Do you’ve any? Kindly let me understand in order
    that I could subscribe. Thanks.

  4. free minecraft download
    free minecraft download says:

    Good post however , I was wondering if you could write a litte
    more on this topic? I’d be very thankful if you could elaborate a little bit more.
    Bless you!

  5. g
    g says:

    An impressive share! I’ve just forwarded this onto a co-worker who had been doing a little research
    on this. And he actually ordered me lunch due to the fact that I found it for him…

    lol. So let me reword this…. Thanks for the meal!!
    But yeah, thanx for spending the time to talk about this topic here on your web page.

  6. g
    g says:

    I’m not that much of a online reader to be honest but
    your blogs really nice, keep it up! I’ll go ahead and bookmark your website to come back down the
    road. Cheers

  7. g
    g says:

    What’s Going down i am new to this, I stumbled upon this I’ve found It absolutely useful and it
    has helped me out loads. I am hoping to give a contribution & aid different users like its helped me.

    Great job.

  8. g
    g says:

    I visited multiple web sites except the audio feature for audio songs present at this
    web site is genuinely fabulous.

  9. g
    g says:

    Fastidious response in return of this difficulty with solid arguments and describing the whole thing concerning that.

  10. how to download minecraft free
    how to download minecraft free says:

    I’ve been surfing online more than 3 hours lately,
    yet I by no means discovered any interesting article like
    yours. It’s beautiful worth enough for me. In my
    view, if all website owners and bloggers made excellent content material as you probably did,
    the internet will likely be a lot more helpful than ever before.

  11. minecraft download mojang
    minecraft download mojang says:

    Hello, i read your blog occasionally and i own a similar one
    and i was just curious if you get a lot of spam responses?
    If so how do you prevent it, any plugin or anything you can suggest?
    I get so much lately it’s driving me crazy so any help is very much appreciated.

  12. how to download minecraft
    how to download minecraft says:

    Hey I know this is off topic but I was wondering if you knew of any widgets I
    could add to my blog that automatically tweet my newest twitter updates.
    I’ve been looking for a plug-in like this for quite some time and was hoping maybe you
    would have some experience with something like
    this. Please let me know if you run into anything. I truly
    enjoy reading your blog and I look forward to your new updates.

  13. minecraft download
    minecraft download says:

    Wow, wonderful blog layout! How long have you been blogging for?
    you make blogging look easy. The overall look of your site is fantastic, let alone the content!

  14. minecraft download mojang
    minecraft download mojang says:

    Fantastic goods from you, man. I have understand your stuff
    previous to and you are just too great. I actually like what you’ve acquired
    here, certainly like what you’re stating and the
    way in which you say it. You make it enjoyable and you still care for to keep it wise.
    I cant wait to read far more from you. This is really a great web site.

  15. acryl nagels breda
    acryl nagels breda says:

    I do not even know the way I ended up right here, but I thought
    this put up was good. I don’t know who you might be however definitely you’re going to a famous blogger
    for those who aren’t already. Cheers!

  16. how to get help in windows 10
    how to get help in windows 10 says:

    After checking out a few of the blog posts on your site, I seriously
    appreciate your technique of blogging. I saved
    as a favorite it to my bookmark site list and will be checking back soon.
    Take a look at my website as well and let me know how you feel.

  17. administratie
    administratie says:

    We’re a group of volunteers and opening a new scheme in our community.
    Your web site offered us with useful info to work on. You have performed
    an impressive task and our entire group shall be grateful to you.

  18. gamefly free trial
    gamefly free trial says:

    Have you ever considered about adding a little bit more than just your articles?
    I mean, what you say is fundamental and all. However think of
    if you added some great images or videos to give your posts more, “pop”!
    Your content is excellent but with pics and clips,
    this website could undeniably be one of the best in its niche.
    Fantastic blog!

  19. boekhouder
    boekhouder says:

    Do you have a spam issue on this blog; I also am a blogger, and I was curious about your situation;
    we have developed some nice practices and we are looking to exchange methods with other folks,
    why not shoot me an email if interested.

  20. Cocolealm
    Cocolealm says:

    Visual cues, manipulatives, volume moderation, a wide choice of seating options (rugs, stools, banquets), physical supports, and space for kids to take breaks and do their own thing make this an event that is suited for children with disabilities.
    Massage first trimester pregnancy

  21. how to get help in windows 10
    how to get help in windows 10 says:

    When I originally commented I clicked the “Notify me when new comments are added” checkbox and now
    each time a comment is added I get several e-mails with
    the same comment. Is there any way you can remove people from that service?

    Appreciate it!

  22. gamefly free trial
    gamefly free trial says:

    What’s up to every one, the contents present at this website are genuinely remarkable for people knowledge, well, keep up the good work

  23. gamefly free trial
    gamefly free trial says:

    I’m impressed, I have to admit. Rarely do I come across
    a blog that’s both educative and entertaining, and without a doubt, you
    have hit the nail on the head. The issue is something
    which not enough people are speaking intelligently about.
    I am very happy I stumbled across this during my search for something
    relating to this.

  24. how to get help in windows 10
    how to get help in windows 10 says:

    hi!,I like your writing very much! percentage we keep up
    a correspondence extra about your post on AOL? I require a
    specialist on this area to solve my problem. May be that’s
    you! Having a look forward to peer you.

  25. gamefly free trial
    gamefly free trial says:

    Hey would you mind letting me know which web host you’re using?

    I’ve loaded your blog in 3 different internet
    browsers and I must say this blog loads a lot faster then most.

    Can you recommend a good web hosting provider at a reasonable
    price? Many thanks, I appreciate it!

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply