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Frequently Asked Questions 

Welcome to our Frequently Asked Questions (FAQ) section! Here you'll find answers to common inquiries about our services, policies, and more. We aim to provide clear and helpful information to enhance your experience. If you have any additional questions, feel free to reach out to directly. 

FAQ

Is family dispute resolution confidential?

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Family dispute resolution is strictly confidential. The practitioner must not disclose to a third party any communication made to the practitioner unless:

  • The practitioner reasonably believes the disclosure is necessary for the purposes of complying with the law; or

  • Consent to the disclosure is given by the person who made the communication; or

  • The practitioner reasonably believes the disclosure is necessary to:

    • Protect a child from the risk of harm (whether physical or psychological); or

    • Prevent or lessen a serious and imminent threat to the life or health of a person; or

    • Report the commission, or prevent the likely commission, of an offence involving violence or a threat of violence to a person; or

    • Prevent or lessen a serious and imminent threat to the property of a person; or

    • Report the commission, or prevent the likely commission, of an offence involving intentional damage to property of a person or threat of damage to property of a person; or

    • If a lawyer independently represents a child’s interests – assist the lawyer to do so properly.

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​​​Will disclosures made in family dispute resolution be admissible in court?


Pursuant to the Family Law Act 1975 (the Act), evidence of anything said or any admission made during family dispute resolution is not admissible in the family courts, except:

  • Where an admission is made by an adult that indicates a child has been abused or is at risk of abuse; or

  • Where a disclosure is made by a child that indicates the child has been abused or is at risk of abuse.​​​
     

Is family dispute resolution compulsory?

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Family dispute resolution must be attempted before applying to the court for a parenting order, subject to the exceptions described below.

 

Pursuant to Section 60I of the Act, the practitioner may provide a certificate to the effect that a party:

  • Did not attend family dispute resolution due to the refusal or the failure of the other party or parties to attend; or

  • Did not attend family dispute resolution because the practitioner considers that it would not be appropriate to conduct family dispute resolution; or

  • Attended family dispute resolution and made a genuine effort to resolve the issues; or

  • Began attending family dispute resolution but the practitioner considers it would not be appropriate to continue family dispute resolution.
     

A certificate under Section 60I will not be required in certain circumstances including where:

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  • The court is satisfied there are reasonable grounds to believe that there has been abuse of a child; or

  • There would be a risk of abuse to a child if there would be a delay in applying for an order; or

  • There has been family violence or a risk of family violence; or

  • The court application is made in relation to contravention of an existing court order; or

  • The application is made in circumstances of urgency.
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What is the difference between family dispute resolution and counselling?

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Family dispute resolution is a mediation process where the practitioner isolates the issues in dispute and facilitates negotiations.

 

Counselling is a therapeutic process where the therapist helps parties to deal with personal and interpersonal issues and issues relating to the care of children. 

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Can a child be interviewed as part of family dispute resolution?

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Where appropriate, a child may be interviewed as part of the family dispute resolution process. This is known as child-inclusive practice. With parental consent, the child is interviewed by a child consultant. For some children, the opportunity to debrief with an independent professional can be therapeutic. The child consultant may make recommendations to the parents, or bring information the child wishes to share, to a feedback session with the parents. We can assist with referrals to a child consultant if deemed suitable. In some circumstances other referrals will also be made in preparation for the parties to enable fair and balanced discussions about safety concerns and capacity building to assist mediation.  

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What happens to my personal information?​

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The privacy of your personal information is important to us and will be protected. Your personal information includes family law court orders, apprehended violence orders, or other relevant court orders that contain information about you. We will request copies of these orders. Furthermore, if you have court orders to attend or participate in family dispute resolution, we have a legal responsibility under the Family Law Act (Section 13D) to report any failure to comply with the orders to attend or participate in our service. Your personal information is protected by law, including the Privacy Act 1988 (Cth). 

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What if I have a complaint?

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If you wish to talk further, or you have a concern or complaint, we invite you to contact us directly or alternatively you can contact our independent professional complaints handling  body.  

The Mediation Institute on 1300 781 533

mediationinstitute.edu.au

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