Question 1

Is family dispute resolution compulsory before going to court in Brisbane?

Accepted Answer

Yes, family dispute resolution is compulsory before going to court in Brisbane for parenting matters involving children. Under the Family Law Act, you must make a genuine effort to resolve disputes about where a child will live, who they spend time with, and other care arrangements through Family Dispute Resolution with a registered practitioner, unless an exemption applies. If you attempt FDR but cannot reach agreement or the practitioner determines it is unsuitable, they will issue a section 60I certificate. This certificate, valid for 12 months, must be filed with your court application for parenting orders. Limited exceptions exist, such as cases involving family violence or urgency, where you may apply to the court for an exemption from this requirement.

Question 2

What is a section 60I certificate in family law?

Accepted Answer

A section 60I certificate is a document issued by a Family Dispute Resolution Practitioner that proves you have attempted mediation before going to court about children's arrangements. The certificate can be issued when one party refuses to attend, the practitioner considers the matter unsuitable for mediation, both parties attend and make a genuine effort to resolve the dispute, or mediation begins but the practitioner determines it should not continue. This certificate is valid for 12 months and is required when filing an application for parenting orders with the court, unless an exception applies. In Brisbane, you can access family dispute resolution services through Rose Oberdorf Mediation and Family Assessment Services, located just 0.1 km away.

Question 3

Where can I find a family mediator near me in Brisbane?

Accepted Answer

Family mediation services are available in Brisbane through both government-funded centres and private practitioners. The nearest service to you is Rose Oberdorf Mediation and Family Assessment Services, located just 0.1 km away. Family mediation, formally called Family Dispute Resolution, is a process where a neutral mediator helps you and the other party reach agreement on family matters, typically involving children's arrangements. These services generally offer the first hour free, with modest fees for additional hours depending on your income. LawConnect has 62 mediation lawyers and services listed across Queensland, with 2 local to Brisbane and 60 nearby. You can search LawConnect's directory to find qualified mediators in your area who may also provide legal guidance alongside mediation services.

Question 4

What is family mediation and how is it different from court?

Accepted Answer

Family mediation is a dispute resolution process where an independent third party helps separated families reach agreement about parenting, financial or property matters. It differs from court in several important ways. Mediation is generally more affordable and timely, gives you greater control over the process and outcome, and remains confidential. In court, a judge makes binding decisions for you. Before commencing court proceedings in parenting matters, you typically must first attempt Family Dispute Resolution mediation unless the court grants an exemption. Agreements reached through mediation can be formalised as Parenting Plans or made binding through court consent orders. Mediation can occur before or after court proceedings begin, offering a less adversarial alternative to litigation.

Question 5

Is free family mediation available in Brisbane?

Accepted Answer

Yes, free family mediation is available in Brisbane. Family Relationship Centres provide up to one hour of joint Family Dispute Resolution mediation sessions at no charge. For clients earning $50,000 or more gross annual income, subsequent hours are charged at $30 per hour. Information and individual sessions are always free. In Brisbane, you have access to 2 local mediation services, with Rose Oberdorf Mediation and Family Assessment Services located just 0.1 km away. You can contact a centre to book an appointment or drop in for information about programs in your area.

Question 6

What happens at a family mediation session?

Accepted Answer

A family mediation session involves a neutral mediator helping you and the other party discuss and resolve disputes, typically about parenting, property or financial matters following separation. The process usually begins with individual intake sessions to assess suitability, followed by joint sessions where both parties meet together to work toward negotiated outcomes. Sessions may be conducted face-to-face, by telephone, or via telehealth, and can also be conducted by shuttle mediation where parties remain in separate rooms. The mediator facilitates discussion but cannot give legal advice or impose decisions. Sessions are confidential, and the goal is to help you reach agreement without going to court. In Brisbane, you can access mediation services through Rose Oberdorf Mediation and Family Assessment Services, located very close by.

Question 7

What is family arbitration and how is it different from mediation?

Accepted Answer

Family arbitration and mediation are both dispute resolution processes, but they work quite differently. In mediation, an independent third party helps you and the other party reach your own agreement, but the mediator cannot make decisions for you. In arbitration, an arbitrator hears evidence from both sides and then makes a binding decision that you must follow.

For family law matters in Queensland, mediation is typically the first step. Family Dispute Resolution with a qualified practitioner is mandatory before starting court proceedings in parenting matters, unless an exemption applies. Arbitration is a separate option where you give an arbitrator the authority to decide the outcome. Both processes generally cost less and take less time than going to court, and both allow you more control over the process than litigation would provide. If you reach an agreement through either process, you can apply to have it formalised by the court.

Question 8

How much does family mediation cost in Brisbane?

Accepted Answer

Family mediation costs in Brisbane vary depending on the service provider you choose. Community-based Family Relationship Centres typically offer free intake and the first hour of mediation free, then charge around $30 per hour on a sliding scale basis. Private mediators generally charge between $850 to $3,000 depending on session length and complexity, with half-day sessions ranging from $1,000 to $2,000 and full-day sessions from $1,500 to $3,000. These fees usually include intake sessions and assistance drafting parenting plans or agreements. You can access Rose Oberdorf Mediation and Family Assessment Services locally, just 0.1 km away. Additionally, LawConnect has 13 firms in the Brisbane area offering fixed-fee arrangements, and you may be eligible for subsidised services depending on your income.

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