Family Dispute Resolution and Mediation in Australia: How It Works, What It Costs, and the Section 60I Certificate Explained

Family dispute resolution, usually shortened to FDR, is the form of mediation used in the Australian family law system. A neutral, accredited family dispute resolution practitioner helps separating parents or partners talk through their dispute and try to reach their own agreement, rather than having a judge decide for them. The practitioner does not take sides, does not give legal advice, and does not impose a decision. Their job is to keep the conversation focused, fair and safe.

FDR most commonly deals with parenting arrangements, such as where the children live, how time is shared, schooling, holidays and communication. Many services also offer mediation for property and financial matters, such as dividing assets, superannuation and debts after separation. Parenting and property issues can sometimes be dealt with in the same process or in separate sessions.

Mediation is confidential and, in the case of FDR, communications are also generally inadmissible in court, with limited exceptions (for example, disclosures about a serious threat to someone's life or health, or child abuse). This is designed to let people speak openly while trying to settle. If you reach agreement, you can write it up as a parenting plan, or have lawyers turn it into consent orders so it is legally enforceable.

Sessions can be run face to face, by phone or by video, and may be joint (both parties together) or shuttle style (parties in separate rooms with the practitioner moving between them), which is often used where there is conflict or safety concern.

For parenting disputes, FDR is not just encouraged, it is generally required by law. Section 60I of the Family Law Act 1975 says that separating families with a dispute about children must make a genuine effort to resolve it through FDR before applying to the court for a parenting order (a Part VII order).

To prove you have done this, an accredited FDR practitioner issues you a section 60I certificate. A court generally cannot hear your application for a parenting order unless you file this certificate, or unless one of the exemptions applies. The certificate is about the process, not who was right, it simply records what happened when FDR was attempted.

From 10 June 2025, following the Family Law Amendment Act 2024, this requirement became stricter. The family law courts now have express power to reject a parenting application for filing if it is lodged without a valid section 60I certificate and no exemption applies. If you ask for an exemption and a registrar decides you do not qualify, your application can be refused for filing. In practice this means you should sort out your certificate or exemption before you try to file.

These rules apply to parenting matters nationally under the Family Law Act. Property-only matters do not require a section 60I certificate, although the courts still expect parties to make a genuine attempt to resolve property disputes before litigating, and there are separate pre-action procedures for financial cases.

A section 60I certificate is not a single document. An accredited FDR practitioner can issue one of five different certificates depending on what happened, and the type can matter, because a court can take into account whether a party refused to attend or did not make a genuine effort.

The five kinds of certificate are:

• The other person (or people) refused or failed to attend FDR, so it did not go ahead.
• The practitioner decided that FDR was not appropriate in your situation (for example, due to safety, power imbalance or other factors), so it was not held.
• Everyone attended FDR and all parties made a genuine effort to resolve the dispute.
• Everyone attended FDR, but one or more parties did not make a genuine effort to resolve the dispute.
• FDR started but the practitioner decided part-way through that it was not appropriate to continue.

Only an accredited FDR practitioner can issue a section 60I certificate. The practitioner decides which certificate fits, based on what they observed, you cannot choose the type yourself. A practitioner should only issue a genuine effort certificate if they believe the clients genuinely tried.

Not everyone has to attempt FDR or obtain a certificate. Section 60I(9) of the Family Law Act sets out exceptions where a court can accept a parenting application without a section 60I certificate. Safety is the central reason these exceptions exist.

The main exceptions are:

• Family violence or child abuse, where there are reasonable grounds to believe there has been, or is a risk of, abuse of the child or family violence by a party.
• Urgency, for example where a child has not been returned or is missing and delay would create risk.
• Consent orders, where the parties already agree and are simply asking the court to formalise the agreement.
• Responding to an application, where you are the respondent to another person's application rather than the one initiating proceedings.
• Incapacity or distance, where a party genuinely cannot participate effectively (for example due to incapacity) or lives too far from an FDR service.
• A serious breach of a court order made in the last 12 months, where the court finds a party showed serious disregard for their obligations under that order.

If you believe an exception applies, you usually need to file the relevant supporting material (such as an affidavit) and the court or a registrar will decide whether the exemption is granted. If it is not, your application can be rejected, so it is wise to get legal advice before relying on an exemption. If you are experiencing family violence, you do not have to mediate in an unsafe situation, and services can help you seek an exemption or use safer processes such as shuttle mediation.

Costs vary widely depending on whether you use a government-funded service or a private practitioner, and on your income. Government-funded FDR through Family Relationship Centres is designed to be free or low cost. Intake, information and group sessions are typically free, and centres provide the first hour of joint dispute resolution free of charge.

For the second and third hours of joint dispute resolution, Family Relationship Centres charge clients with a gross annual income of $50,000 or more around $30 per hour. Clients earning under $50,000, or who hold a concession, generally pay nothing for these hours. Fees for any further hours are higher but still modest, and exact amounts and any minimum booking lengths vary between centres, so confirm current fees directly with your local centre before you start.

Private accredited FDR practitioners and lawyer-mediators charge market rates. As an indicative guide drawn from published practitioner fee schedules, hourly rates commonly range from around $150 up to $300 or more per hour, with experienced lawyer-mediators often charging $220 to $440+ per hour. A full-day property and financial mediation can cost several thousand dollars in total. These costs are usually shared between the parties, and venue, document or preparation fees may be extra. Treat all of these as indicative ranges and get a written fee quote before booking.

Legal aid commissions in each state and territory also run family dispute resolution services, which may be free or low cost if you meet their eligibility and means tests. Eligibility rules differ by state, so check your local legal aid commission.

Every family dispute resolution practitioner who issues section 60I certificates must be accredited and registered with the Commonwealth Attorney-General's Department. You can verify whether someone is accredited, and find practitioners, through the department's official channels.

Family Relationship Centres are the main government-funded entry point. They offer information, individual sessions and joint dispute resolution for parenting and, in many cases, property matters. They are located across Australia and are independent of the courts.

The Family Relationship Advice Line on 1800 050 321 is a free national phone service that can explain your options, give general information about the family law system and refer you to local services, including arranging telephone dispute resolution. It operates Monday to Friday 8am to 8pm and Saturday 10am to 4pm local time, and is closed on Sundays and national public holidays.

You can also access free general legal information through the advice line's legal service, and through your state or territory legal aid commission and community legal centres. If you are choosing a private practitioner, confirm they are an accredited FDR practitioner (so they can issue a valid section 60I certificate) and ask for their fees, experience and approach in writing.

While each service differs, FDR generally follows a similar path. Understanding the sequence helps you prepare and reduces surprises.

A typical process looks like this:

• Intake and assessment: you contact the service and have an individual, confidential intake session. The practitioner screens for family violence and safety, and assesses whether FDR is appropriate.
• Inviting the other party: the service contacts the other parent or partner to invite them to their own intake session. They are not forced to attend, but a refusal can result in a certificate being issued to you.
• Preparation: you gather relevant information (for parenting, the children's needs and routines; for property, assets, debts and superannuation) and think about your priorities and what you can be flexible on.
• The joint or shuttle session: the practitioner guides the discussion, helps narrow the issues, and tests options. Sessions may be in the same room or in separate rooms where there is conflict or safety concern.
• Outcome: if you agree, you can record it as a parenting plan, or have lawyers draft consent orders for the court to make it legally binding. For property, agreements are commonly formalised as consent orders or a binding financial agreement.
• If no agreement: the practitioner issues the relevant section 60I certificate so you can proceed to court if needed.

Getting independent legal advice alongside FDR is strongly recommended, especially before signing anything. A practitioner does not give legal advice, and a parenting plan is not automatically enforceable the way a court order is. Lawyers can also help you decide whether consent orders or a binding financial agreement is the right way to lock in what you agreed.

FDR resolves a large share of disputes without the cost, delay and stress of a court hearing. Research by the Australian Institute of Family Studies has found that a substantial proportion of parents who attend FDR reach agreement and do not proceed to court, and that many who do not fully agree still go on to sort matters out between themselves afterwards.

The same research indicates that people who use FDR tend to report higher satisfaction than those who rely on lawyers or courts, including feeling they had a chance to put their side forward and that their children's needs were considered. Since the 2006 family law reforms, FDR has become a far more common pathway than going straight to court.

That said, mediation is not right for every situation. It depends on both parties engaging in good faith, and it may not be suitable, or may need to be run as shuttle mediation, where there is family violence, a serious power imbalance, or safety concerns. In those cases an exemption or a safer process may be more appropriate, and you should seek advice.

Because figures, fee thresholds and procedural rules are reviewed and indexed over time, and some details differ by state and territory and by service, always confirm the current position with an official source such as the Attorney-General's Department, the Federal Circuit and Family Court of Australia, or your local Family Relationship Centre or legal aid commission before acting.