Why Choose Stewart Family Law For Family
Mediation Services?
At Brisbane’s Stewart Family Law, our Director, Judy Stewart, has guided mediations since 1995, and is a Nationally Accredited Advanced Mediator (AMDRAS) and a Registered Family Dispute Resolution Practitioner, as well as an Accredited Family Law Specialist. Judy has recently been awarded Brisbane’s Lawyer of the Year (2027) by Best Lawyers, reinforcing her skill and expertise in the industry.
Before her career in law, Judy was a Social Worker and a member of the Australian Association of Social Workers. This diverse background equips her with invaluable insights into the intricacies of human dynamics and child development.
Judy’s legacy extends to tutoring in Alternative Dispute Resolution at the Queensland University of Technology Law School and serving as an Independent Children’s Lawyer.
Our Associate Director Temika Slee is also a Registered Family Dispute Resolution Practitioner, and an Accredited Family Law Specialist. With a double degree in law and journalism, Temika has practiced exclusively in family law since 2012, working alongside Judy Stewart at Stewart Family Law since 2013.
Our Brisbane Family Dispute Resolution Practitioners
Meet Judy Stewart
Director Judy Stewart has been conducting mediations since 1995 and is an AMDRAS Advanced Mediator and Registered Family Dispute Resolution Practitioner. Since 2017, she has been recommended as a Leading Family Law Mediator on Doyle’s list. Judy regularly conducts parenting, property and child-inclusive mediations and can provide certificates required under the Family Law Act to commence Court proceedings for parenting disputes.
Well-known for her pragmatic, organised and responsive approach, Judy combines her careers in both social work and law to efficiently and effectively assist parties in resolving their family law matters.
Meet Temika Slee
Associate Director of Stewart Family Law, Temika Slee is a Registered Family Dispute Resolution Practitioner who can conduct parenting, property and child-inclusive mediations. Temika can provide certificates required under the Family Law Act to commence Court proceedings for parenting disputes.
With a double degree in law and journalism, Temika has practised exclusively in family law since 2012 and is an Accredited Family Law Specialist. Temika has worked alongside Judy Stewart at Stewart Family Law since 2013. She is known for taking a conciliatory approach to resolving disputes and is also a collaborative law practitioner.
Mediation - an excellent approach at any stage during proceedings
Our client came to us during an ongoing family law matter involving parenting issues with their former partner. They were seeking to have the children live with them and had already initiated proceedings in the Federal Circuit and Family Court of Australia before engaging our firm.
Upon being engaged as their solicitor, our first step was to organise mediation between the parties. Not only was the matter successfully resolved at mediation, but it eliminated the need for prolonged and costly litigation. With our involvement, what had been a financially draining and stressful ongoing dispute was brought to a resolution within just a few months, allowing our client to move forward with certainty and peace of mind.
Director, Judy Stewart, Stewart Family Law
Brisbane Mediations Guided By Family Dispute Resolution Specialists
The family law system can be extremely stressful to navigate and is often overwhelmed with matters that can significantly extend the finalisation of legal issues. If you’ve decided to explore family mediation, Brisbane firm Stewart Family Law has created a warm and welcoming environment with comfortable rooms designed for productive discussions.
Mediation is delivered neutrally, with no one ‘taking sides’. This neutrality isn’t just a professional stance; it’s rooted in our belief in the profound impact mediation can have on the lives of couples and families. We’ve witnessed how it eases transitions during difficult times, allowing families to find common ground even when disagreements seem insurmountable.
We understand that what’s best for your family may not always be apparent initially. Through decades of experience we help both parties move forward in their healing journey.
What is Family Dispute Resolution (FDR)?
Family Dispute Resolution (FDR) is a practical way to resolve issues without the stress and extra expense of going to Court. FDR is mediation attended by you and the other party and can include parenting and property matters. If you are legally represented, your solicitor is encouraged to participate with you; however, this is not a requirement.
If an agreement is reached, you or your solicitor, if you are legally represented, can draft a Parenting Plan or Minutes of Consent for filing in the Court.
Stewart Family Law offers:
- Face-to-face, shuttle mediation, phone, and online mediation options are available.
- Impartial mediators that don’t provide legal advice.
- Mediations that cover child care, communication, property division, and more.
- Lawyer-assisted mediation services.
- Child-inclusive mediation that can incorporate a child psychologist’s input.
- Mediators who are Family Dispute Resolution Practitioners and Accredited Family Law Specialists.
Family Dispute Resolution And Family Mediation - A Smoother Path to Resolution
Family Dispute Resolution (FDR) is an effective way to navigate issues following a relationship breakdown, offering a supportive environment for couples dealing with separation or divorce. Instead of the stresses and uncertainties of court proceedings, accredited Family Dispute Resolution Practitioners help couples preserve relationships, addressing parenting, property, financial agreements, and child support.
Australian courts face overwhelming caseloads, leading to lengthy delays. FDR offers a more dignified, private, and cost-effective way to reach agreements, avoiding public courtrooms. Court judgements can be final and stressful, potentially affecting parents and children. In contrast, FDR can strengthen communication and foster more robust parenting plans, helping individuals make clear, sound decisions that can lead to win-win solutions.
Exemptions to Mandatory Mediation and s60I Certificates
Section 60I outlines exemptions to the mediation requirement (s60I) as follows:
- When an applicant seeks consent or responds to another party’s application.
- In cases of child abuse, risk of abuse, or family violence, provided there are reasonable grounds to believe in such situations.
- For contravention applications within 12 months of a final order if specific conditions are met, including a serious disregard for the order, urgency, or a party’s inability to mediate due to health, location, or other reasons.
- When other circumstances in the regulations are satisfied.
Is Family Dispute Resolution or Mediation Compulsory?
It’s not. But, if you or your ex-partner are navigating the legal process to resolve financial matters, asset division or parenting plans, it’s a fantastic place to start that often results in a positive outcome.
If you or the other party are planning to begin a process through the Federal Circuit and Family Court of Australia in relation to parenting matters, you will most likely need an s60I certificate from a Registered Family Dispute Resolution Practitioner confirming that an attempt at FDR was made.
If you wish to commence Court proceedings in relation to property matters it is likely that you will need to prove that you have followed various pre-action procedures including attempting mediation. Once you commence Court proceedings the Court is likely to order that you attend mediation to attempt to resolve your parenting and property matters without the need for a litigated outcome.
Navigating Family Court Proceedings and s60I Certificates
If you’re navigating legal processes involving financial matters, asset division, or parenting plans, seeking Family Dispute Resolution (FDR) is often a fruitful starting point, frequently leading to positive outcomes. In many cases, initiating parenting proceedings in the Federal Circuit and Family Court of Australia requires an s60I certificate confirming an attempt at FDR.
However, an s60I certificate may not be needed if:
You’ve reached an agreement and wish to file consent orders.
Your matter is urgent.
Concerns about family violence or child abuse exist.
One party can’t effectively participate in FDR due to incapacity or other reasons.
Other circumstances specified in the regulations are met.
This information is derived from section 60I of the Family Law Act 1975. If you’re uncertain about needing an s60I certificate, it’s advisable to consult one of our expert family lawyers in Brisbane. Note: ‘Party’ refers to the other person(s) involved in the parenting dispute.
Validity of a Section 60I Certificate
A Section 60I certificate remains valid within 12 months of the last FDR attendance or attempted attendance. Similarly, it can only be filed with a Court if issued within 12 months of the last FDR session or attempt. These time frames acknowledge the potential for evolving disputes and changing attitudes, often necessitating further FDR efforts.
Is Family Dispute Resolution and Mediation Confidential?
Anything said or done during the FDR /mediation is confidential and cannot be used in Court or disclosed unless both parties consent except the following:
To protect a child from harm;
To protect a person from a threat;
To prevent damage to property or
To comply with Commonwealth or State Law.
What Happens If I Don't Attend Or Try To Resolve The Dispute?
If FDR is required in your case and you do not attend or make a genuine effort, a certificate will be issued to this effect. The other party can use that certificate and apply to the Court for parenting orders.
The Court may consider this in deciding costs and may order you to pay some or all of the other party’s legal fees. The Court may order you and the other party to attend family dispute resolution.
What If We Cannot Reach An Agreement?
While the majority of cases find resolution through mediation, if your situation remains unresolved, you have several options:
- Re-engage in the mediation process when both parties are better prepared or after some time has passed.
- Seek independent resolution through private agreement when feasible.
- Leave the situation unresolved, though not recommended.
- Initiate the Family Court process.
If Family Dispute Resolution doesn’t lead to resolution and involves parenting issues, we provide a s60I certificate which will enable you to apply to Court.
Our Mediation and Family Dispute Resolution Services
Our dedicated mediation space offers a modern and neutral setting for effective Family Dispute Resolution. Comfortable rooms, expert mediators, and a supportive environment create the ideal backdrop for resolving family disputes, parenting arrangements, property settlement and any other issues related to relationship breakdown without the need to go to Court.
We can also facilitate child-inclusive Family Dispute Resolution and will ensure that you and your former partner feel comfortable and prepared to discuss family issues before you attend mediation. When you reach a mutually acceptable agreement, we can help you to make your agreement legally binding.
Our Process
If you and your former partner agree to attend mediation conducted by our office, please contact us to reserve a date.
If the other party has not already agreed to attend mediation, we can invite them to attend mediation. If they agree, we will converse with you to arrange a suitable date. We will also provide you with an Intake Sheet and our FDR Agreement for your completion prior to mediation.
If we do not receive a response to our invitation within 7 days, we will send a follow-up invitation asking the other party to respond within a shorter timeframe. If the other party remains unresponsive or refuses to attend, we will issue a Section 60I Certificate in parenting matters. We can also issue a Section 60I Certificate if the other party is unreasonably delaying mediation.
Our Process for Child-Inclusive Mediations
To start the process for a child-inclusive mediation, the children would need to meet with an experienced independent child consultant. The parties will need to arrange the social worker and organise to pay their fees, and we can co-ordinate the date of the mediation with the parties and social worker.
The costs of the child-inclusive mediation would include the child consultant’s costs, and our mediation fees. We cannot speak for the child consultant’s costs, only our own.
If there is no agreement to attend a child-inclusive mediation, we can issue an invitation to mediate.
Mediation Pricing
Our mediation fees for resolving family law issues are very competitive. Our service includes:
Charging an hourly rate rather than an unused daily fee.
Charging no minimum fee or cancellation fee.
Offering dedicated mediation rooms at no extra cost.