Process · Mediation
What is family dispute resolution (FDR)?
Family dispute resolution is a structured conversation with an accredited practitioner to help people make parenting — and sometimes property — decisions. In most parenting cases you must attempt FDR and obtain a section 60I certificate before you can file in court, unless an exception applies.
FDR
Accredited practitioner, not a dinner-table chat
60I
Usual ticket into a parenting court application
Exceptions
Violence, urgency and risk can change the path
Property too
Often mediated, without the same 60I rule
Why the law pushes FDR first
Court is slow, public-in-effect, and hard on children even when adults think they are “protecting” them by fighting. The Act channels most parenting disputes through FDR so that people who can safely agree, do. It is not a moral lecture. It is a filter.
Agreement at FDR can become a parenting plan or, later, consent orders. Failure to agree is not a personal failure. It is information: the dispute may need a different process, or it may not be safe to keep talking without structure.
Section 60I — the parenting gateway
If you want a family court to hear a parenting application, you generally attach a 60I certificate. Certificates can say FDR was attempted, one person refused, FDR was inappropriate, or the parties attended and did not resolve some or all issues. The wording is the practitioner’s, not yours.
Do not draft your own certificate. Do not assume a private “we talked at the park” meeting counts. Accreditation and the statutory process exist so the court can see that a genuine attempt happened, or that it correctly did not.
Exceptions you should not invent
Exceptions include (among others) family violence or risk of family violence, child abuse risk, urgency, and certain circumstances where FDR is not appropriate. Do not claim family violence on a form because you want to skip the queue. False allegations harm real victims and destroy credibility. If violence is real, read family violence and safety and get help.
What a session is like (without promising yours)
Intake is often separate. The practitioner screens for safety, capacity and whether a joint session should happen at all. Shuttle mediation — rooms or screens kept apart — is common when sitting together is a bad idea. Legally assisted FDR means lawyers are in the process. None of those models is a guarantee of settlement.
Confidentiality in FDR has statutory shape and statutory exceptions, including risk of harm. Do not treat the room as a place to confess a plan to hide a child. Do not treat it as a place to ambush someone with a speech you wrote for Instagram.
Property mediation
Property and maintenance disputes often go to private mediation or lawyer-led negotiation. There is no identical 60I rule. Disclosure still comes first: mediating numbers that are imaginary wastes the day. Read property settlement and the documents guide before you book a room to argue about a house you have not valued.
Preparing without turning it into a trial
Bring a typical fortnight, not a novel. Bring school dates. If property is on the table, bring a first-pass balance sheet from the documents guide. Leave the speech about 2019 at home. FDR works on decisions a child or a titles office can live with next month.
If you reach an agreement, ask how it will be written down: a parenting plan, a private note, or a path toward consent orders. Do not assume a handshake in the room is a court order. See plans versus orders.
Finding a service
Family Relationships Online is the public front door for many funded services. Private FDR practitioners and lawyer-mediators also exist. Cost, waiting time and model (joint, shuttle, legally assisted) vary. Ask what they will do if the other person refuses to come.
This page summarises publicly available Australian family-law concepts under the Family Law Act 1975 (Cth) and related court and agency materials. It is educational only. Confirm current forms, fees, time limits and practice directions with the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia), Services Australia, Legal Aid and a qualified lawyer. We do not host official court forms.
This website publishes general information about Australian family law. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
Questions people ask
What is FDR (family dispute resolution)?+
FDR is a process in which an independent, accredited family dispute resolution practitioner helps people try to resolve family disputes. It is the family-law name for a particular kind of mediation. It is confidential in ways set by the Act, with important exceptions (for example, risk of harm).
Do I have to go to mediation before court?+
For most parenting applications, yes — you need to attempt FDR and file a section 60I certificate, unless an exception applies (including family violence, urgency, or the other person refusing to attend). Property-only cases do not use the same 60I gateway, but mediation is still common.
What if the other person will not attend?+
The practitioner can issue a certificate that records non-attendance or that FDR was not appropriate. That certificate is often what unlocks a court filing. Do not skip the request for FDR just because you assume the other person will refuse.
Is FDR safe if there is family violence?+
Sometimes FDR is not appropriate. Shuttle or legally assisted models exist. If you are unsafe, tell the FDR service and get specialist advice. Safety exceptions exist so people are not forced into a room with someone who has harmed them.
Need personalised advice?
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.