Family Dispute Resolution and Couple Counselling are not always appropriate. This is particularly so if there is child abuse, violence, power imbalance or intimidation that makes one party unable to contribute and negotiate freely because of another’s threats.
Resolving issues using mediation rather than court can have many advantages. Speaking generally mediation tends to be faster, more economical, flexible and more conducive to good relations between the parties. This is particualrly important in the context of family law because whilst a couple may sever their financial links, they will need to work together to ensure their children are not harmed by the separation.
However, there are situations where court is more appropriate. Disputes involving recent serious domestic violence and/or child abuse would be included here. Access to the courts for children's matters is generally by way of a s60I certificate that the Family Dispute Resolution Practitioners at Private Counselling and Mediation can issue. However, this is not the only way the courts can be accessed over children's matters. Matters that are serious enough can get direct access.