Family law mediation in Australia is a vital step in resolving disputes about parenting arrangements, property division, or other post-separation matters without going to court. Mediation is often more cost-effective, less stressful, and faster than litigation, and in many cases, it’s a requirement before applying to the Family Court. But before mediation can happen, you need to invite your former partner to participate. Here’s how to do it properly and respectfully.
Step 1: Choose a Mediation Service
There are several mediation options in Australia, including government-funded services such as Family Relationship Centres or Relationships Australia, as well as private family dispute resolution practitioners. Choosing the right service depends on the nature of the dispute, your financial situation, and the urgency of your matter.
Government-funded services are often more affordable and are trained to manage high-conflict or sensitive situations. Private mediators may offer faster availability and more flexibility.
Step 2: Make a Formal Request
Once you’ve chosen a mediation provider, they can usually assist with contacting your former partner on your behalf. This is often the most appropriate method, especially if there is tension or a history of conflict.
You’ll usually be asked to complete an intake form and provide the other party’s contact details. The mediator or service will then send a formal invitation to your former partner, outlining the purpose of the mediation, the process, and their rights and responsibilities. This invitation is often called a Notice of Invitation to Mediate.
Step 3: Ensure the Invitation is Respectful and Neutral
If you are inviting your former partner yourself, it’s essential to keep the tone neutral and non-confrontational. Avoid accusations or emotionally charged language. Focus on the shared goal: resolving issues in the best interests of any children involved and avoiding the stress and cost of court.
A sample message might be:
“I’d like us to try family dispute resolution to work out arrangements regarding [children/property/etc.]. I believe mediation could help us reach an agreement that works for both of us. I’m willing to go through [Name of Service], who can help us with the process. Please let me know if you’re open to this.”
If safety is a concern, or if there is a history of family violence, it’s important to notify the mediation service. They can make special arrangements such as shuttle mediation, where the parties don’t have to be in the same room or communicate directly.
Step 4: Wait for Their Response
Your former partner can choose whether or not to participate. However, if they refuse to attend mediation or do not respond, the service can issue a Section 60I Certificate. This certificate is required if you want to proceed with parenting applications in the Family Court.
Step 5: Prepare for Mediation
If your former partner agrees to attend, both parties will usually have an intake session with the mediator to assess suitability and prepare for the process. This step ensures both parties understand the process and feel safe.
Final Thoughts
Inviting a former partner to mediation in Australia requires a thoughtful approach, clear communication, and often the help of a professional mediator. Taking this step shows a willingness to resolve disputes respectfully and cooperatively.
Would you like a sample invitation letter or message template to send to your former partner?
Leave a Reply