Most family law matters in Australia are resolved without a judge deciding them, and mediation is usually the reason. For separating families with businesses, trusts or property overseas, a well-run mediation can resolve matters privately, faster and at far less cost than litigation.
Parenting matters and section 60I certificates
Before applying to court for parenting orders, separating parents are generally required to make a genuine attempt at family dispute resolution, unless an exception applies, such as family violence or urgency. Only an accredited Family Dispute Resolution Practitioner can issue the certificate under section 60I of the Family Law Act 1975 that allows a court application to proceed. I am an accredited Family Dispute Resolution Practitioner.
Parenting mediation focuses on the children’s best interests: where they live, time with each parent, schooling, travel, language and culture, and communication between households. Agreements can be recorded in a parenting plan or made into consent orders.
Property mediation
Property settlements often involve the family home and investment properties; businesses, companies and family trusts; superannuation; and assets in China, Hong Kong, Singapore or elsewhere. Full and frank disclosure is essential, because a settlement built on incomplete information does not last. Where a family trust is effectively controlled by one spouse, its assets may be treated as property available for division.
Arbitration and parenting coordination
Where parties want a binding decision without going to court, family law property disputes can be resolved by arbitration. I am a family law arbitrator. After parenting orders are made, a parenting coordinator can help parents put them into practice and resolve day-to-day disagreements without returning to court. I also practise as a parenting coordinator.
Timing
Many separating couples are not ready to negotiate in the first months after separation. Part of the intake process is assessing whether the parties are ready, and what needs to happen first, such as valuations or financial disclosure.
Safety first
Family dispute resolution is not appropriate in every case. Each matter begins with an assessment. Where there is family violence or a safety risk, the process may be conducted in separate rooms or online, adapted, or not proceed.
How we assist
I mediate family law disputes in English and Mandarin, in person or online, including for parties living in different countries. Our firm also advises parties separately, but never acts for a party in a matter I mediate. See also prenuptial agreements for wealthy families and how I mediate.
Frequently asked questions
Do I have to attend mediation before going to court about parenting arrangements?
Generally yes, unless an exception applies such as family violence or urgency. A section 60I certificate from an accredited Family Dispute Resolution Practitioner is usually required.
Can property settlements be mediated?
Yes. Most property settlements are resolved by agreement, often through mediation, and can be formalised as consent orders or a binding financial agreement.
What if my former partner has assets overseas?
Overseas assets form part of the property pool and must be disclosed. Mediation can address how they will be valued and dealt with, and how the agreement will be carried out in another country.
What is family law arbitration?
A process in which an arbitrator makes a binding decision on a property dispute, privately and usually faster than court. It is not available for parenting disputes.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice. Victorian law unless stated otherwise.
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