Certifying mediation: a study of section 60I certificates

Certifying mediation: a study of section 60I certificates
Author/editor: Smyth, B, Bonython, W, Rodgers, B, Keogh, E, Chisholm, R, Butler, R, Parker, R, Stubbs, M, Temple, J, & Vnuk, M.
Year published: 2017

Abstract

The present study was commissioned by Interrelate with the financial support of the Australian Government Attorney-General’s Department, which co-funded the study. Interrelate is a provider of family dispute resolution services throughout New South Wales, and has a strong interest in evaluating its family dispute resolution (FDR) processes and outcomes for families – particularly children.

The study was designed to explore elements of the operation of the certificate-issuing process created by s. 60I of the Family Law Act 1975 (Cth) (‘FLA’). Specifically, it sought to explore: (a) the number and categories of certificates issued, and the characteristics of those clients who do and do not receive them; (b) the factors and circumstances influencing the decision of Family Dispute Resolution Practitioners (FDRPs) to issue different categories of s. 60I certificates; and (c) clients’ understanding of the purpose of the certificate, and the various dispute resolution pathways (if any) used by families after receiving a s. 60I certificate.

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