What is an s60I Certificate?
If you’re in the process of separation or navigating family disputes, you may have come across the term “s60I certificate.” At first glance, it may seem like just another piece of legal jargon, but this document plays a significant role in resolving family issues, particularly when it comes to making decisions about your children. Here at Olive Mediation, we believe in making the mediation process clear and accessible, so let's walk through what an s60I certificate is and why it matters.
Understanding the s60I Certificate
The s60I certificate is a document issued by a registered family dispute resolution (FDR) practitioner. Its purpose is simple but powerful: it confirms that mediation has been attempted to resolve family disputes before taking the matter to the Family Court. Under Section 60I of the Family Law Act 1975, this certificate is required for any court application related to child arrangements, as the law prioritizes mediation over litigation when possible.
Why is an s60I Certificate Important?
The aim of the s60I certificate is to encourage cooperation. Rather than going straight to court, where disputes often become adversarial and stressful, this certificate shows that both parties have tried to resolve their issues in a more collaborative and constructive setting. Mediation offers a space for discussion, understanding, and negotiation, helping to maintain respect and focus on the wellbeing of children.
Different Types of s60I Certificates
There are five different types of s60I certificates, depending on the outcome of the mediation:
Genuine Effort: Both parties made a sincere attempt to resolve their issues, but no agreement was reached.
No Genuine Effort: One party did not genuinely try to resolve the dispute.
Failure to Attend: One party refused or failed to attend the mediation.
Inappropriate for Mediation: The practitioner determined that mediation was not suitable, often due to serious concerns like family violence or abuse.
Practitioner Refusal: The practitioner believes that mediation should not proceed, possibly because it wouldn't be beneficial or safe for either party.
When Do You Need an s60I Certificate?
You’ll typically need an s60I certificate if you're seeking a parenting order from the Family Court but haven’t been able to agree on the arrangements for your children. This certificate tells the court that mediation has already been tried. However, there are certain circumstances where the certificate is not required, such as cases involving family violence or where the situation is urgent.
How Do You Get an s60I Certificate?
To obtain an s60I certificate, generally both parties must participate in family dispute resolution with an accredited FDR practitioner. Here’s what the process looks like:
Choose an FDR Practitioner: Start by selecting a qualified practitioner who will oversee the mediation. Olive Mediation can provide experienced professionals to guide you through this step.
Participate in Mediation: Both parties attend mediation sessions aimed at resolving disputes in a respectful and balanced way.
Certificate Issuance: If mediation doesn’t lead to an agreement, the practitioner will issue the appropriate s60I certificate, depending on how the process unfolded.
The other ways in which a s60I certificate may be issued is where the mediator has determined that mediation is not suitable and that assessment generally requires both parties to take part in a mandatory intake session. The other way is where one party has completed their intake and an invitation has been sent to the other party to attend mediation and that party has either declined or ignored such reasonable requests to attend mediation.
The Impact of the s60I Certificate
The s60I certificate isn’t just a formality. It represents a commitment to trying mediation before turning to litigation, aligning with the core values of cooperation, understanding, and resolution that underpin family law in Australia. It also reflects the court’s expectation that all parties make a genuine effort to resolve disputes in the best interests of their children. By engaging in mediation first, parents have the opportunity to reduce the emotional toll and financial burden that often come with going to court.
At Olive Mediation, we believe in the power of dialogue and collaboration. The s60I certificate is a reflection of these values, ensuring that every effort is made to reach an agreement outside of court. If you find yourself needing an s60I certificate, remember that mediation is not just a legal requirement; it’s an opportunity to work through challenges in a constructive, child-focused way. Our team at Olive Mediation is here to support you every step of the way.
If you consider that mediation may be suitable for your family, you can book in a free 15 minute call online to discuss more.
Contact Olive Mediation today to learn more about how we can support you and your family.
