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Question about s60l certificates

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Hi,

Just a general question about mediation. I attended today with the ex after months of arrangements and deferred appointments. We separated three years ago and have existing consent orders. The mediation was to discuss some problems that have arisen recently with regard to her living arrangements with the children and to discuss refining the consent orders regarding schooling. She has a history of mental health issues and became hysterical during the mediation. She was abusing me for things that happened during our marriage and some that did not. After the Mediator told her on two occasions that it was not a counselling session the ex ran from the room sobbing and the mediator followed her. The mediator returned about ten minutes later to tell me that it would be best not to continue and that she would write a statement of those issues we had identified for me to take to my solicitor.

I was a bit stunned by all of this so didn't question the mediator directly, I will do so on Monday. My question is:

If the mediator is going to give me a certificate so I can take further action if required, does it matter whether she says that we "could not agree" or that the issues are "not suitable for mediation"? We didn't even discuss 9 of the 11 things on the agenda. Would I be better off trying to get the mediator to write me a letter stating that the ex was not capable of continuing the mediation?

As nasty as it is going to be we are probably going to end up in court, so I'm a bit wary of accepting something now that might make a difference later.

Oh, Just for the record… I got a solicitors letter threatening a DVO for my conduct at changeovers as the first response to my letter asking her to attend mediation. There is absolutely no history of violence, we did the first consent orders without solicitors, and all changeovers take place in a shopping centre coffee shop. :)

Thanks
dm900 said
If the mediator is going to give me a certificate so I can take further action if required, does it matter whether she says that we "could not agree" or that the issues are "not suitable for mediation"? We didn't even discuss 9 of the 11 things on the agenda. Would I be better off trying to get the mediator to write me a letter stating that the ex was not capable of continuing the mediation?
I'm looking at my Certificate and paragraph (d) says

________(party or parties) attended family dispute resolution with me and the other party or parties to the proceeding but ________ (party or parties) did not make a genuine effort to resolve the issue or issues in dispute. 

It sound like that is what will be used in your case.

dm900 said
I got a solicitors letter threatening a DVO for my conduct at changeovers as the first response to my letter asking her to attend mediation.
I have heard of other people be threaten here on FLWG with DVO for doing nothing more than following the court prescribed method of dispute resolution - mediation.  Should  it proceed to a DVO the best advice is to fight it…  Good luck with your for lack of a better word "fight"
You will likely receive a certificate stating you both put in equal effort, because your ex attended.

That is, if the centre issue a certificate.

Now that a DVO has been mentioned, it would be wise to mention this to the centre and see if that will encourage the production of a certificate.

It is not unheard of for some centres to be difficult in issuing certificates in order to encourage people to mediate.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks for that.. I'm pretty much assuming that it will be a "both attended" kind of outcome. If anything, today was helpful in making me realise how bad things are for her at the moment. Now I've just got to see what I can do about it as the kids go back monday and I'm wary about what they will face.

Cheers and thanks for your input.
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