Court proceedings are expensive, time-consuming and adversarial. For many families, family dispute resolution (FDR) — the formal term for family law mediation — offers a faster, cheaper and less damaging path to resolution. It is also, in most parenting matters, a legal requirement before you can apply to court.
Family dispute resolution (FDR) is a structured process in which a trained, accredited family dispute resolution practitioner helps separating parties communicate, identify issues and reach agreement — particularly on parenting arrangements. It is not binding on either party in itself, but agreements reached can be formalised as consent orders.
The Family Law Act 1975 (Cth) requires most parents to attempt FDR before applying to the Federal Circuit and Family Court of Australia for parenting orders. An accredited FDR practitioner must issue a Section 60I certificate confirming that FDR was attended (or that an exception applies) before a court application can be filed.
Exceptions to the FDR requirement include situations involving family violence, urgent safety concerns, child abuse, or where one party is unable to participate effectively. For property matters, FDR is not legally required but is strongly encouraged as a cost-effective alternative to litigation.
FDR services are provided by accredited practitioners — including Legal Aid Victoria, Relationships Australia, and private providers. We can recommend appropriate Melbourne services.
Each party usually meets individually with the FDR practitioner first. This allows the practitioner to understand each party's concerns, screen for safety issues, and assess suitability for joint FDR.
In a joint session, both parties discuss their concerns and interests with the practitioner's assistance. The goal is to reach workable, child-focused agreements — not to 'win'.
Regardless of whether agreement is reached, the FDR practitioner issues a Section 60I certificate. This is required before a court application for parenting orders can be filed.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We prepare you for FDR by explaining your legal position, advising on what you can realistically agree to, and helping you identify your priorities and limits.
Where direct FDR is unsuitable, we conduct lawyer-to-lawyer negotiation — a structured alternative that often achieves the same outcome more efficiently.
Agreements reached in FDR are only as valuable as their legal documentation. We convert mediated agreements into properly drafted consent orders that are legally enforceable.
If FDR breaks down and court proceedings are necessary, we move seamlessly into litigation support — without you needing to change lawyers or brief new counsel.
Generally yes. Before filing an application for parenting orders, parties must have a Section 60I certificate from an accredited FDR provider. Exceptions include family violence, urgency, and situations where one party is unable to participate. This is general information only.
The FDR practitioner issues a Section 60I certificate reflecting that FDR was attempted but did not result in agreement (or that a party failed to attend or participate genuinely). You may then apply to court. This is general information only.
Yes, though it is not legally required. Many parties use FDR or collaborative negotiation for property matters — it is significantly cheaper and faster than court proceedings. Property agreements reached in FDR can be formalised as consent orders or a binding financial agreement. This is general information only.
A Section 60I certificate is issued by an accredited FDR practitioner confirming that family dispute resolution has been attended. There are different types depending on the outcome of the FDR session. All types allow a court application to proceed. This is general information only.
FDR is substantially less expensive than contested court proceedings. Some FDR services are available on a subsidised or free basis (e.g., through Legal Aid Victoria or Relationships Australia). Private FDR services carry a fee. Even with legal advice and representation at FDR, the cost is typically a fraction of litigation. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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