Can we do mediation while we have a court order?

Family Dispute Resolution is a part of a legal process. It is structured in the Family Law Act, which requires certain procedures to take place. Mediators have a responsibility to assess prior to a mediation whether it is safe to do so. That is one of the reasons why we must talk to each parent separately before we can book a joint session.

Court orders are called different things in different States. For instance, what is an Intervention Order in Victoria is called an Apprehend Violence Order in New South Wales. If your order is about parenting, then a mediation is an appropriate forum to renegotiate points in your order if the situation has changed.

Whether a mediation can take place while there is an order in place (for violence) depends on the details of the order. This applies to any relevant court orders, no matter which State they were made in. For instance, if a court order in New South Wales prohibits you from contacting a certain person, we cannot facilitate this, even if it is in Victoria, nor can we arrange a meeting online. Some orders may also prohibit contact with children as well as adults. However, in many circumstances, there are exemptions in court orders that allow for Family Dispute Resolution.

We must obey any relevant court orders and we are required to read them before we can arrange a mediation. If you would like us to read your order and let you know whether we can continue in the process, please contact our office for a free fifteen minute consultation.