What is Family Dispute Resolution (FDR)?

Family Dispute Resolution is a structured mediation process that helps separated or separating families resolve disputes without going to court.

An accredited Family Dispute Resolution Mediator assists parties to communicate effectively and reach agreements about parenting, property, or financial matters.

FDR is often required before commencing family court proceedings in Australia.

Do I Need to Attend Family Dispute Resolution Before Going to Court?

In most parenting matters, parties are required to attempt Family Dispute Resolution before applying to the Federal Circuit and Family Court of Australia, unless an exemption applies (such as family violence, urgency, or child abuse).

A registered FDR practitioner can issue a section 60I certificate where appropriate.

How is Mediation Different From Going to Court?

Mediation is typically faster, less expensive, and less adversarial than court proceedings.

Unlike litigation, mediation allows families to maintain control over decisions and focus on practical, child-focused outcomes. Court proceedings involve formal hearings, legal costs, and judicial determination of outcomes.

Is Family Dispute Resolution Legally Binding?

Agreements reached in mediation are not legally binding unless they are formalised.

This can be done by:

• Applying for consent orders through the Family Court, or

• Entering into a binding financial agreement (for property matters)

A legally informed mediator can help ensure agreements are realistic and capable of being formalised.

Can a Family Lawyer Also Be a Mediator?

Yes, however, not simultaneously in the same matter (professional ethics prevent this).

A Family Lawyer who is also a Family Dispute Resolution Mediator offers a unique advantage.

Legal experience allows the mediator to ensure discussions are grounded in family law principles, helping parties reach outcomes that are fair, practical, and legally sound.

Is Mediation Suitable for High-Conflict Family Disputes?

Mediation can be effective in many high conflict matters, particularly when parties want to avoid court.

However, mediation may not be appropriate in cases involving serious family violence or safety concerns.

An experienced Family Dispute Resolution Practitioner can assess whether mediation is suitable for your circumstances.

What Parenting Issues Can Be Resolved in Mediation?

Family Dispute Resolution can assist with:

• Parenting arrangements and time with children

• Parental responsibility and decision-making

• Communication between parents

• Schooling, holidays, and special occasions

• Relocation and changes to parenting orders

The focus is always on the best interests of the child.

Property settlements can also be dealt with at mediation.

How Long Does Family Dispute Resolution Take?

The length of mediation varies depending on the complexity of the dispute and the willingness of parties to negotiate.

Some matters resolve in a single session, while others may require multiple sessions. Mediation is generally much faster than court proceedings.

What if Mediation is Unsuccessful?

If mediation does not result in an agreement, the mediator may issue a section 60I certificate, allowing a party to commence court proceedings.

Even if full agreement is not reached, mediation often helps narrow the issues and reduce conflict.

Why Choose a Mediator With Family Law Experience?

A mediator with family law experience understands how disputes are assessed by the Family Court and can help parties avoid unrealistic expectations.

This reduces the risk of future litigation and supports agreements that are sustainable and enforceable.

When Should I Speak to a Family Lawyer or Mediator?

It is best to seek advice early, particularly when separation, parenting arrangements, or property division are involved.

Early advice from a qualified Family Lawyer or Family Dispute Resolution Mediator can save time, cost, and stress.

How Do I Get Started?

You can begin by booking an initial 30 Minute Free Consultation below, to discuss your situation, assess whether mediation is suitable, and explore your options.

All enquiries are treated confidentially.