Family dispute resolution (FDR) is a structured form of mediation designed to help separating families settle disagreements without going to court. For most parenting disputes it is not simply an option — it is a step you are generally required to attempt before a court will accept an application.
What family dispute resolution is
FDR is a facilitated negotiation run by an accredited family dispute resolution practitioner. The practitioner is independent, does not take either side, and does not decide the outcome. Their role is to help both people identify the real issues, explore options, and test whether proposals are practical and durable. Any agreement reached is your agreement, not one imposed on you.
When you must attempt it
Before applying to the Federal Circuit and Family Court of Australia for parenting orders, you generally need to attempt FDR and file a section 60I certificate issued by an accredited practitioner. The certificate records what happened, not what was said. It may state that the other party did not attend, that both of you attended and made a genuine effort, that one party attended without making a genuine effort, or that the practitioner assessed the matter as not appropriate for FDR. A certificate is valid for twelve months from the date it is issued.
When the requirement does not apply
The certificate requirement is not absolute. Exemptions can apply where there is family violence or child abuse, or a risk of either; where the matter is urgent; where a party is genuinely unable to participate effectively; or where the application concerns a serious breach of an existing order made in the last twelve months. Applications made by consent do not require a certificate. Whether an exemption applies is a question worth getting advice on early, because filing without a certificate when one was required can delay your matter.
How the process usually runs
Most services begin by meeting each person separately for intake and assessment. This is where the practitioner considers whether FDR is suitable and safe to proceed, including screening for family violence and power imbalance. If it goes ahead, sessions may be held jointly or by shuttle, where the parties stay in separate rooms and the practitioner moves between them. Sessions can be held in person or remotely.
Confidentiality
What is discussed in FDR is confidential, and communications made during the process are generally not admissible in later court proceedings. This is deliberate: it allows people to explore options and make concessions without fear those discussions will be used against them. The protection is not unlimited — disclosures about abuse of, or serious risk of harm to, a child fall outside it, and practitioners have their own reporting obligations.
Property and financial matters
The section 60I certificate requirement applies to parenting disputes. Property and financial matters are treated differently, but not left alone: the court’s pre-action procedures require parties to take genuine steps to resolve the dispute before filing, and dispute resolution is central to that. Attempting resolution first is expected, and failing to do so without good reason can have costs consequences. See Property Settlement Lawyers for how division itself is approached.
Turning an agreement into something binding
Reaching agreement at FDR does not by itself create a legally enforceable outcome. For parenting, an agreement can be written up as a parenting plan — signed and dated, and relevant to any later court consideration, but not directly enforceable — or formalised as consent orders, which are. For financial matters, agreements are usually formalised through consent orders or a binding financial agreement. It is worth understanding the difference before you sign anything.
Local services in South Australia
South Australians can access FDR through Relationships Australia SA’s Family Relationship Centres and other accredited providers, alongside the Legal Services Commission of SA’s family law conference service. These services can work alongside legal advice rather than instead of it, and we can help you understand where each fits.
Frequently asked questions
Is family dispute resolution the same as mediation?
FDR is a specific form of mediation for family law matters, delivered by practitioners accredited under the family law system, and it is the form that produces a section 60I certificate.
Do we have to be in the same room?
No. Shuttle sessions, where each party stays in a separate room and the practitioner moves between them, are common, and sessions can also be held remotely.
What if there has been family violence?
Tell the practitioner at intake. FDR may not be appropriate, and an exemption from the certificate requirement may apply. Safety comes before process, and there are pathways to court that do not require you to sit through mediation first.
What happens if the other party refuses to attend?
The practitioner can issue a certificate recording that the other party did not attend, which allows your application to proceed.
Is what I say in FDR confidential?
Generally yes, and it is usually inadmissible in later proceedings. The main exception concerns information about abuse of, or serious risk of harm to, a child.
Do we need FDR before sorting out property?
A section 60I certificate is not required for property matters, but the court expects genuine steps to resolve the dispute before an application is filed, and dispute resolution is the usual way of showing that.
How long does a certificate last?
Twelve months from the date it is issued.
Family dispute resolution is a step within a wider matter rather than an end in itself; our family law overview shows where it sits in the overall process.
Contact WPI Lawyers to talk through whether family dispute resolution suits your situation, whether an exemption may apply, and how to make any agreement you reach properly binding.