A practical guide to what FDR is, how it works, why it is required before going to court, and what you can expect from the process.
If you are going through separation and there are disagreements about children, parenting time or how things will be managed going forward, you may have been told you need to try Family Dispute Resolution before you can apply to court. For most people, this is the first time they have heard the term, and it can be hard to know what it actually means or what to expect.
This guide explains what Family Dispute Resolution is, how it works, why it is legally required in most parenting disputes, and what happens in a typical FDR process.
Family Dispute Resolution (FDR) is a structured, confidential mediation process that helps separated parents (or other family members) work through disagreements about children without going to court. It is facilitated by a professionally trained and registered practitioner known as a Family Dispute Resolution Practitioner (FDRP).
The FDRP does not take sides or make decisions. Their role is to help both parties communicate, understand each other's perspectives, and explore options that serve the best interests of the children involved. Any agreement reached is made by the parties themselves.
FDR can be conducted in person or online, and sessions can be held jointly (both parties in the same room or video call) or separately if that is more appropriate for the circumstances.
Under Section 60I of the Family Law Act 1975, most parents are required to make a genuine attempt at Family Dispute Resolution before they can apply to the Federal Circuit and Family Court of Australia for parenting orders.
The requirement exists because the courts recognise that most parenting disputes can be resolved without litigation, and that outcomes reached by the parties themselves are generally better for children than decisions imposed by a court. FDR gives families the opportunity to reach their own workable arrangements in a structured, supported environment.
Important: To file an application for parenting orders, you must have a Section 60I certificate from a registered FDRP unless one of the exceptions applies. FDR practitioners at Alternative Mediations can issue this certificate.
A Section 60I certificate is a document issued by a registered FDRP after FDR has been attempted. There are several types of certificate that can be issued, depending on what happened in the FDR process:
Each certificate type tells the court something different about what occurred. If you reach a full agreement in FDR, a certificate is not issued, because there is nothing left for the court to decide on those matters.
There are specific circumstances where the requirement to attempt FDR before going to court does not apply. The most common exceptions include:
If you are unsure whether an exception applies to your situation, we can discuss this with you during an initial, confidential enquiry.
While every FDR is different, a typical process follows these stages:
Each party contacts the FDR practitioner separately. The practitioner will speak with each person individually to understand their situation, explain the process, and assess whether FDR is appropriate. This individual intake process is confidential.
Each party is briefed on what to expect, how the session will run, and what they can do to prepare. This helps both people come to the session ready for a productive conversation.
The joint session is facilitated by the FDRP. Each party has the opportunity to speak and be heard. The practitioner guides the conversation to focus on the children's needs and practical arrangements, rather than past grievances or blame. Sessions can run for several hours, depending on the complexity of the matters being discussed.
Where the parties reach agreement, those arrangements can be documented in a parenting plan or, with legal assistance, formalised as consent orders. If agreement is not reached, the FDRP will issue a Section 60I certificate, which allows the matter to be filed with the court.
FDR is well suited to a wide range of parenting matters, including:
FDR is a specific type of mediation for family and parenting disputes. The key difference is that FDRPs must be registered with the Attorney-General's Department and meet specific training and professional requirements under the Family Law Act. This is what allows them to issue Section 60I certificates.
Other forms of mediation (such as commercial or workplace mediation) do not involve this registration requirement and cannot issue Section 60I certificates. If you specifically need FDR for a parenting matter, it is important to use a registered practitioner.
Yes, and in many cases we recommend it. FDR practitioners are neutral facilitators and cannot provide legal advice. If your matter involves property, financial arrangements, or if you are unsure of your legal rights in relation to any agreement, obtaining independent legal advice before or after FDR is strongly encouraged.
Legal advice does not mean the matter has to go to court. A lawyer can advise you on the implications of a proposed agreement and help you have it properly documented.
Alternative Mediations provides Family Dispute Resolution with registered FDRPs across NSW, ACT and QLD. Initial enquiries are confidential and obligation-free.
Make an EnquiryGet in touch for a confidential conversation. We'll explain the process and help you understand whether it's right for your situation.