Mediation
Family dispute resolution (FDR / mediation)
In short
Family dispute resolution (FDR) is a form of mediation with a qualified, independent practitioner. For parenting matters you generally must genuinely try FDR before applying to a court. It's confidential, and if it doesn't resolve, the practitioner can issue a section 60I certificate that lets you file.
Family dispute resolution (FDR) is mediation run by an independent, qualified Family Dispute Resolution Practitioner (FDRP). It’s a structured, confidential conversation aimed at helping you reach a workable parenting arrangement without a judge deciding for you.
Why it usually comes first
For parenting matters, you generally must make a genuine effort to resolve the dispute through FDR before you can apply to a court. There are exceptions (see below), but for most people FDR is the required first step.
What to expect
- An intake process where the service assesses whether FDR is appropriate and safe.
- One or more sessions — by phone, video, or in person; joint or shuttle (separate rooms).
- A focus on the children’s needs and practical arrangements, not on re-litigating the relationship.
- If you reach agreement, it’s usually written up as a parenting plan.
Exceptions — when FDR may not be required
FDR is generally not required (or an exemption may apply) where there is:
- family violence or child abuse, or a risk of it;
- urgency;
- one party unable to participate effectively (for example due to incapacity or location); or
- a contravention of an existing order in certain circumstances.
If any of these apply to you, get legal advice about whether you can apply to the court without a section 60I certificate.
Preparing well matters
Going in calm, specific and child-focused makes a real difference. Use the Mediation prep tool to build a structured pack: your goal, a specific proposed arrangement, your must-haves versus flexibles, calm responses to likely issues, and your safety and logistics (including whether to request shuttle).
If it doesn’t resolve
The practitioner can issue a section 60I certificate. That’s the document that generally lets you file an application for parenting orders. See the next guide.
Common questions
- Is mediation confidential?
- Yes. FDR is confidential and generally "without prejudice", meaning what's said in it usually can't be used as evidence in court (with limited exceptions, such as disclosures about child abuse or a serious threat to someone's life or safety).
- What if I feel unsafe mediating with the other parent?
- You can ask for "shuttle" mediation, where each parent is in a separate room and the practitioner moves between you. If there's family violence or safety risk, FDR may not be required at all — get advice.
Sources
Last reviewed: 16 July 2026. Court rules and forms change — always confirm the current position with the Court or your lawyer.
Not legal advice.This site provides general information and self-help tools only. It is not legal advice and does not create a lawyer–client relationship. Always seek independent legal advice about your own situation.