Get Section 60i Certificate After Mediation
We provide section 60I certificates that prove you made a sincere attempt at divorce mediation with your ex-partner
At O’Sullivan Mediation, we believe that family law mediation is the most effective means of settling disputes that follow-on from the breakdown of marriage or de-facto relationship. However, we are also realists who recognise that it’s impossible to guarantee that a mediation will be successful in settling a dispute, as you can’t control whether or not your ex will respond to mediation in the same way that you will.
If and when mediation fails, and you and your ex are unable to negotiate an agreement, then going to court and seeking to have the dispute resolved by a judge may be your only path forward. In this event, you will need to present the court with a section 60I certificate that serves as evidence you made a genuine attempt at family law mediation before seeking litigation.
How we can help you get a section 60I certificate
See how we can help you undertake mediation and supply necessary evidence you took part in it.
At O’Sullivan Mediation, we provide professional family law mediation services to those seeking a divorce. In the unlikely event that it is impossible for our mediators to facilitate an agreement between you and your ex, we are able to provide you with the section 60I certificate that is required for you to take the matter to court.
Do I really need to attempt negotiating with my ex?
Even if your relationship has ended on very bad terms, unless there is evidence of criminal behaviour such as spousal or child abuse, the family law system in Australia expects you and your ex to make a sincere attempt at resolving your dispute outside of the courtroom. Even if the only thing you and your ex can agree on is that you want to battle each other in court, this is not satisfactory in the eyes of the family court system, and you will need a section 60I certificate to prove that you made an attempt at mediation.
The reason for this is simple – the family court system in New South Wales and broadly around Australia is notoriously overburdened with cases waiting to be heard. This means that there are very long waiting times before anyone actually gets to make their case before a judge, and these bitter, ongoing disputes are both expensive and stressful for everyone involved, especially innocent children caught in the crossfire. The court system only wants to deal with those who posses a section 60I certificate that proves they have no other options than to go to court.
Because of all these reasons, the family court system has mandated that all disputing ex-couples need to demonstrate they have made a genuine attempt at resolving their dispute via private mediation. This is similar to the requirement that couples pursue a form of marriage counselling before seeking to engage divorce proceedings, as the family court system would prefer the relationship be salvaged if at all possible.
As mentioned, unless there is evidence of criminal behaviour that would necessitate the expedition of proceedings, ex-couples need to go through the process of family law mediation. When both parties have made a sincere attempt at mediation and can’t reach an agreement, their mediator can provide them with a section 60I certifcate.
What is a section 60I certificate and why do I need it?
A section 60I certificate represents that a mediator was engaged to solve the dispute, and that said mediator has deemed both parties engaged with the process but were unable to reach an agreement. This document represents the professional opinion of the mediator that, despite their best efforts, it is unrealistic to expect an agreement to be reached between the parties.
A section 60I certificate is designed to give disputing parties certainty that their attempt at mediation will be acknowledged in their application to have their dispute settled in court. At O’Sullivan Mediation, we are able to provide you with a section 60I certificate in the event we are unable to facilitate an agreement between you and your ex.
Get the matter resolved with O’Sullivan Mediation – one way or another
You can rely on us facilitate divorce mediation and provide you with a section 60I certificate if it fails
At O’Sullivan Mediation, we have extensive experience dealing with family law disputes that run the gamut of severity, many involving complex disputes around child custody and the division of assets following separation. We’ve seen it all before, and we know how to bring bitter disputes to a mutually agreeable resolution that allows both sides to put the matter behind them and move on with their life.
If you are seeking a section 60I certificate so you can take you ex to court, then you have no choice but to engage a service like ours in order to fulfil the requirement of attempting divorce mediation. Since you have to engage in this process, you might as well give it the best chance you can, simply because a mediated resolution is almost always better than courtroom litigation.
Why should I give O’Sullivan Mediation a chance to resolve my dispute with my ex?
While getting a section 60I certificate so you can take you ex to court may be the reason you visited this page, there’s no reason to pursue this course of action if you can resolve the matter via divorce mediation. Our mediators have helped ex-couples resolve disputes that were incredibly bitter and spiteful affairs, where previously both sides never imagined a meaningful agreement could ever be reached. In these cases, seeking a section 60I certificate becomes unnecessary as an agreement was able to be reached without going to court.
Even if you despise your ex and can’t stand to be in the room with them, let alone hammer out an agreement, going to court is only going to prolong the distress you are feeling. Litigation is expensive, time consuming, negatively impacts your mood, and will cause distress to any children you and your ex may be fighting over.
Even when you get your section 60I certificate, the following court battle will be slow, expensive, and could very easily backfire on you – no matter how confident you are in your case. When you go to court, you put the ultimate fate of arrangements in the hands of a judge, rather than maintaining control in a private setting.
The benefits of mediation:
- Give yourself the best chance of walking away with a fair deal
- Control the outcome via negotiation rather than leaving it in the hands of a judge
- Avoid unnecessary stress and acrimony
- Put the matter to rest and move on with your life
- Protect your children from being victims of a lengthy court battle
If all else fails and there is absolutely no way to reach an agreement with your ex, we will provide you with a section 60I certificate. Our section 60I certificates are legitimate and accepted by the family court system.
However, we are confident that we can help you and your ex identify a mutually agreeable path forward. Agreements reached via mediation are far less likely to be disputed in the future, as each side feels like it got a fair shake.
Getting your section 60I certificate
If and when mediation fails, we will provide you with the necessary documentation so you can take the matter to court
While we very rarely encounter a couple that was unable to reach some kind of arrangement via family law mediation, we acknowledge that sometimes it becomes unrealistic to expect any progress. Our professional mediators know how to use every last tactic in their arsenal, and if none of them are effective, they can provide a section 60I certificate that acts as their professional declaration that mediation was attempted and was unsuccessful.
With this certificate in hand, you will be able to go to the family court and apply to have the matter heard before a judge. At this stage, you will have successfully engaged the family court system and can then proceed to engage a family lawyer to help prosecute your case.
If you are prepared to engage divorce mediation with the promise of a section 60i certificate if it fails, then speak to us today by calling (02) 8974 1566 or by visiting our contact page.