Family Dispute Resolution (FDR) Mediation

Family Dispute Resolution (FDR) is a structured mediation process that helps separating couples and families resolve conflicts about parenting, property, and financial matters without going to court. Guided by the Family Law Act 1975 (Cth), FDR provides a neutral and supportive environment where parties can discuss issues, identify solutions, and work toward legally binding agreements. It is designed to reduce conflict, save time and costs, and protect children from the stress of prolonged litigation.

Who Uses FDR

FDR is commonly used by separating or divorced couples, de facto partners, grandparents, and other family members who need to agree on parenting arrangements, property settlements, or ongoing financial responsibilities. Before applying to the Federal Circuit and Family Court of Australia for parenting orders, most parties are required to attempt FDR and obtain a section 60I certificate (unless exemptions apply, such as family violence or urgency).

Why FDR Should Be Considered

Choosing mediation over court proceedings offers many advantages:

• Cost-Effective: FDR is generally far less expensive than contested litigation.

• Faster Outcomes: Agreements can often be reached in weeks rather than months or years.

• Control and Flexibility: Parties, not a judge, make the decisions.

• Child-Focused: Discussions are guided to prioritise the best interests of children and maintain respectful communication.

Confidentiality and Legal Protections

Discussions during FDR are confidential and privileged under the Family Law Act. What is said in mediation cannot usually be used later in court, encouraging open and honest dialogue. There are limited exceptions, such as concerns about child abuse, threats of harm, or disclosures required by law.

Role of the Family Dispute Resolution Practitioner

An accredited FDR practitioner acts as an independent and impartial mediator. They do not provide legal advice or make decisions but facilitate respectful communication, identify issues, and help parties focus on workable, child-centred solutions. The practitioner ensures each person is heard, manages power imbalances, and keeps discussions constructive and goal-oriented.

The Mediation Process

The process typically begins with intake and assessment, where the practitioner screens for safety and suitability. If appropriate, joint sessions are scheduled. During mediation, each party can express their concerns, explore options, and negotiate practical solutions. Agreements reached can be documented as:

• Parenting Plans (informal but enforceable as evidence),

• Consent Orders (filed in court to become legally binding), or

• Financial Agreements (for property and spousal maintenance).

When Court Becomes Necessary

If mediation does not result in an agreement, or if it is inappropriate due to urgency or risk, the FDR practitioner can issue a section 60I certificate. This certificate is required to file a parenting application in the family courts. Even if the matter proceeds to court, the effort to mediate demonstrates a commitment to resolving disputes and may influence the court’s approach to costs and future orders.