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What is a Conciliation Conference?
What is a conciliation conference and why might I need one?
A Conciliation Conference is court ordered mediation.
It is an opportunity for you and your former partner to settle your family law dispute in a bid to reach an agreement and avoid continuing lengthy and expensive court events.
Where an order is made by the Federal Circuit and Family Court of Australia (the Court) for you to attend a conciliation conference, your attendance will be compulsory.
Both you and your former partner will be required to meet with a Judicial Registrar to make a genuine effort to resolve your dispute.
Where safety issues exist, your attendance may be undertaken separately by way of a shuttle setting.
There are three stages involved in the Conciliation Conference process:
Stage 1
This is the introductory process. Here the Judicial Registrar will briefly meet with you and the other party to explain their role, seek information about issues such as family violence, confirm the materials and issues in dispute and answer any questions you may have.
Stage 2
This is an opportunity to explore areas of agreement and seek opportunities to resolve the matter. The Registrar will assist both parties to identify these.
Stage 3:
This is the conclusion of the conference, whereby the Registrar can make orders that reflect the agreement, identify outstanding issues, confirm next steps and prepare the Certificate of Dispute Resolution.
How long does the conference last?
The conference will last approximately four hours.
What orders can be made?
Any orders made by the Registrar will only be by consent, which means they will only be made where you and the other party agree to them.
The settlement negotiations are also privileged. This means that whatever you or the other party say during negotiating cannot be used against you if the matter goes to court.
Exceptions to the above however relate to a suspicion of child abuse, violence, or threats of violence, as court staff are required by law to report this.
The Certificate of Dispute Resolution is also exempted and can be used in court as evidence if the matter proceeds to trial.
What must I do before a Conciliation Conference?
To make best use of the process, exchanging information with your former partner and with the Court prior to the conference is crucial. This is known as full and frank disclosure.
Where to get more help?
If you are ordered to attend a Conciliation Conference, Coastal Lawyers can assist you to prepare and advocate on your behalf.
For further information on Conciliation Conferences, please visit: https://www.fcfcoa.gov.au/pubs/fl/conciliation-conference
Or you can book in a call with our office www.coastallawyers.com.au/bookings.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
