An important step in resolving your dispute with your spouse or partner is through mediation.

In parenting matters before an application can be taken to the court, it is mandatory that the parties attempt mediation to resolve their differences. There are some exemptions to this requirement such as child abuse, family violence, urgency or in special circumstances such as disability or remoteness which make it difficult for the parties to participate effectively.
Parties are able to organise their own mediation through agencies such as the Family Relationships Centre and Lifeline at a minimal cost and enter into a parenting plan. The parties then need to engage the services of a lawyer if they require that plan to be drafted as a court order.

The Legal Aid Office offers a mediation conference for clients who qualify for a grant of legal aid . These conferences are chaired by either a Lawyer or a Psychologist .

Private mediation is also available and is usually conducted by a Barrister.

If agreement is reached then a parenting plan or consent orders can be drafted at that conference.

The difference is that a parenting plan is recognised by the court but is not enforceable should either party breach the agreement.

A consent order is more formal and is granted upon the court’s approval. This order is final unless there is agreement to do so or there are significant circumstances which require the order to be changed.

By attending mediation the parties are issued with a certificate and if the conflict has not been  resolved ,  this certificate is attached to their application to the court.