Family Dispute Resolution & Mediation.

1. What can FDR help with?

FDR is most closely associated with parenting disputes, including:

• where children live after separation;
• how much time they spend with each parent or other significant people;
• school holidays and special occasions;
• communication;
• changeovers;
• travel;
• major long-term decisions; and
• how future disagreements will be managed.

Mediation can also be used for property settlement, financial and spousal-maintenance negotiations, but the legal pre-filing rules for those disputes are different.

2. When is FDR required before Court?

For most parenting applications, section 60I of the Family Law Act requires a person to attempt FDR before asking the Court to make parenting orders.

If FDR is attempted but agreement is not reached, or the practitioner decides FDR is not appropriate, the practitioner can issue a section 60I certificate.

A valid certificate is generally required with a parenting application unless the Court accepts an exemption. Read more about the family-law Court process.

3. What is a section 60I certificate?

A certificate may be issued where:

• one party refused or failed to attend;
• the practitioner considered the matter inappropriate for FDR;
• both parties attended and made a genuine effort;
• both attended but one did not make a genuine effort; or
• FDR started but the practitioner later decided it was no longer appropriate to continue.

The certificate does not prove who was right or wrong. It records the FDR pathway for the purpose of a later parenting application.

4. When can the Court exempt you from filing a section 60I certificate?

Exemptions can apply where:

• the matter is urgent;
• there are reasonable grounds to believe family violence or child abuse has occurred;
• there is a risk of family violence;
• there is a risk of child abuse if filing is delayed;
• a party cannot participate effectively in FDR; or
• certain serious recent contraventions of parenting orders are alleged.

5. What happens during an FDR session?

The practitioner helps both people focus on the issues rather than the conflict and test practical options.

FDR may be conducted:

• face to face;
• by telephone;
• by video conference;
• in separate rooms; or
• as shuttle FDR, with the practitioner moving between the parties. Read our mediation overview for more about different approaches.

There may be one session or several, depending on the dispute.

6. What if there is family violence or a major power imbalance?

Safety and capacity to negotiate freely are central to suitability.

The practitioner should consider matters such as:

• family violence and coercive control;
• fear or intimidation;
• child-safety concerns;
• whether one party can negotiate freely;
• whether direct contact is safe;
• capacity to participate effectively; and
• whether any format can adequately manage the risks.

Separate rooms or shuttle mediation may help in some cases, but they do not automatically make an unsafe process appropriate.

7. Is an FDR agreement legally binding?

Not merely because agreement was reached at FDR.

For parenting matters, an agreement can be:

• recorded in a parenting plan; or
• formalised as consent orders if legal enforceability is required.

For property or financial matters, agreement can generally be formalised through:

• consent orders; or
• a binding financial agreement that satisfies the statutory requirements.

8. How is property mediation different?

Section 60I is a parenting provision. It does not create the certificate system for property-only disputes.

For financial and property proceedings, the Family Law Rules generally require prospective parties to take genuine steps to resolve the dispute before filing unless an exemption applies.

Those steps can include:

• negotiation;
• mediation;
• conciliation;
• arbitration;
• exchange of relevant financial information about assets, debts and superannuation; and
• written settlement proposals.

A Genuine Steps Certificate is generally filed with an Initiating Application or Response seeking financial or property orders.

9. Are there exemptions from property pre-action procedures?

Yes. The Court’s financial pre-action procedures recognise exemptions including:

• allegations of family violence or risk of family violence;
• urgency;
• undue prejudice if compliance were required; and
• specified situations involving recent family-law proceedings.

10. How much does FDR cost?

Cost depends on the provider.

Government-funded services may be free or modestly priced. Private accredited practitioners charge their own fees and may offer quicker appointments or more flexible scheduling.

Family Relationship Centres, Legal Aid Commissions, community family-law services and private FDR practitioners may all provide FDR. See our mediation preparation guide for practical next steps.

11. How should you prepare?

• Identify the issues that actually need agreement.
• Prepare a realistic proposal rather than only a list of complaints.
• For parenting matters, know the child’s routine, school schedule and practical needs.
• For financial matters, organise assets, liabilities, income and superannuation information.
• Understand your legal position before making final concessions.
• Think about what you can compromise on and what genuinely matters.
• Raise safety concerns with the practitioner before the session.

12. What if FDR does not produce an agreement?

Not every FDR process settles.

In a parenting matter, a valid section 60I certificate may allow a person to proceed with a Court application if necessary.

In a property matter, unsuccessful dispute resolution may be followed by the remaining pre-action steps and, if required, a Court application.

Parties can still settle later, including after Court proceedings have started.

13. Example — parenting FDR