The law requires that parties attend a Family Dispute Resolution Conference, commonly known as mediation, and make a genuine effort to reach an agreement prior to lodging an application with the court for parenting matters. There is no requirement to attend mediation in property matters. There are certain circumstances where parties are exempt from attending mediation and you should check with a lawyer to see if you fall into one of these categories. If you participate in mediation, you will receive what is called a '60I' certificate and this enables you to apply to the court.
Mediation is a meeting conducted with you and the other party to try to reach an agreement. A mediator oversees the meeting and guides you through the process. A mediator is not able to make any decisions and cannot give legal advice so you may wish to obtain legal advice prior to your mediation or bring a lawyer with you. Everything mentioned in mediation is confidential unless both parties agree for that information to be used in the future or discussed outside of mediation.
A parenting mediation, otherwise known as a FDRC, should be conducted with a qualified Family Dispute Resolution Practitioner (FDRP) so they are able to issue you with a certificate (called a 60I certificate) that confirms you attended mediation. If you do not reach an agreement and need to apply to court, you require this certificate in order to make that application. A property mediation does not require an FDRP as you do not need a certificate in order to apply to the court. However it is important that you select a mediator who is experienced in running family law, particularly property, mediations so that they are able to better guide you to reach a solution.