NSW Demand for private mediation

[Newlife]

My soon to be ex partner has tried to book in a date for private mediation with lawyers, I wrote back straightaway and requested we go thru mediation with relationships Australia, as I cannot afford a lawyer ( nor can she) she has ignored my correspondence and later attempt. Where do i stand? Can I force her to go to public mediation? She is now ignoring my correspondence.

 

[sammy01]

If she insists on private mediation with solicitors - great go for it... But don't hire a solicitor... Just go yourself.

 

[Newlife]

If she insists on private mediation with solicitors - great go for it... But don't hire a solicitor... Just go yourself.

why? I’ve heard of people doing that and just getting railroaded, I just want to know if I can force relationships Australia without a lawyer.

 

[Noel Harris]

You cannot be compelled to attend private mediation at a cost you cannot afford. Under the Family Law Act parties must attempt Family Dispute Resolution through a registered provider before applying to court and that certificate can come from Relationships Australia or any registered provider, not just a private service. If she continues to refuse a reasonable alternative you can apply for a certificate showing refusal to participate, which allows you to proceed to court without completing mediation. Put your preference in writing and keep all correspondence. A specialist in alternate dispute resolution can help you navigate this correctly.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.