Family mediation and dispute resolution

Mediation is a way of resolving disputes between people in conflict, usually facilitated by a neutral person. Separated families are encouraged to use family mediation to help resolve their disputes about children, instead of using the family law courts.

What is family mediation?

People refer to ‘mediation’ in many different ways. It can be as informal as having a friend or family member helping to talk through the issues in dispute. It can also be a formal process involving a professional mediator.

Disputes can involve just two people in conflict, or include extended family members. Where there are issues related to child protection, mediation may involve full family group conferencing.

When disputes can’t be resolved by mediation, the matter may need to go to a court for a judge to make decisions. Going to court is a long, stressful and expensive process. The aim of mediation is to avoid the situation reaching this point.

The family law system encourages separated families to come to their own arrangements in caring for their children without going to court. This can be done in several different ways:

  • discussion between the parents
  • using a friend or family member to help
  • informal general mediation
  • using a special family mediation process covered under the Family Law Act 1975 called Family Dispute Resolution (FDR).

After a relationship breakdown, discussions about dividing property and future care for children can become very emotional. This is when people may need to use a more formal mediation process with an accredited FDR practitioner.

Family Dispute Resolution

FDR is a special type of mediation for helping separating families to come to their own agreements. Families will discuss the issues in dispute and consider different options, while being encouraged to focus on the needs of their children. FDR uses a neutral and accredited FDR practitioner.

The main objective of FDR is to assist participants to make a parenting plan setting out the agreed future parenting arrangements.

It is a practical and low cost way for separating families to sort out future parenting arrangements with professional help. For more information see the Family Dispute Resolution Factsheet.

It is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution before applying to a family law court for parenting orders.

There are exemptions to this requirement, including:

  • when you are formalising an agreement through ‘consent orders’
  • where family violence or child abuse is a factor
  • when you are responding to an application to court
  • urgent issues
  • a person is unable to participate effectively (for example, due to incapacity or geographical location), or
  • a person has contravened and shown a serious disregard for a court order made in the last 12 months.

Family Dispute Resolution practitioners

When a family disagrees about arrangements for children after separation, an FDR practitioner is a good person to ask for help.

An FDR practitioner is an independent person trained in mediation and negotiation who specialises in family disputes. They are neutral and don’t take sides with any of the people involved in the mediation. They will facilitate the process by encouraging people to talk about the particular issues in dispute.

They are trained in working in a family law environment and in responding to domestic and family violence. They are also trained in creating a supportive environment, particularly for the safety of vulnerable people. They should provide a safe environment to allow people to openly discuss and clarify issues as well as allow them to feel safe to disagree.

An FDR practitioner is accredited under the standards set out in the Family Law (Family Dispute Resolution Practitioners) Regulations 2025.

Family Dispute Resolution services

FDR services are available at government-funded services including:

  • Family Relationship Centres
  • Legal Aid Commissions
  • Other community-based family law services

There are also accredited FDR practitioners who provide their services as a private business.

If you are in a regional or remote area, you can access telephone or internet based FDR through the Family Relationship Advice Line or a private FDR practitioner. If you are in a regional or remote area, and don’t have access to a Family Relationship Centre or other government funded FDR provider near you, you can access telephone or internet based FDR through the Family Relationship Advice Line speak to a private FDR practitioner near you.

How to find a Family Dispute Resolution practitioner or service

To find a government-funded service, call the Family Relationship Advice Line on 1800 050 321 or use the Find Local Help search to look for a Family Relationship Centre, Family Dispute Resolution service or Regional Family Dispute Resolution service near you.

To find a private FDR practitioner, search the Family Dispute Resolution Register.

Timeframes

A common question people ask is “How long will the mediation process take?” There is no simple answer to this question. It can take a few hours, or can be over a few days. It depends on the number and complexity of issues being discussed.

Some families have complex issues to deal with that can make mediation difficult and take a long time. When each family member makes their child’s interests the priority, workable parenting agreements can be reached sooner.

Costs

If a dispute can be resolved through mediation, it will be significantly less expensive than having to go to court.

The cost of FDR depends on the provider and may be free for eligible people. Private providers set their own fees which can vary. Community-based family law services have a standard fee policy based on income levels and capacity to pay.

You should let your FDR service provider know if you are on a low income or experiencing financial difficulties.

Location

An FDR service provider should be able to provide a suitable venue or options that suit your circumstances.

An FDR session doesn’t have to be face-to-face or in the same room as the other person. It can even be done by telephone or video call. This can be for many reasons, including safety concerns or because the participants live a long way from each other.

Confidentiality

Special FDR-specific confidentiality provisions apply when FDR sessions are being conducted by an accredited FDR practitioner. This means that most things that you say in FDR are confidential – as long as you are speaking to an accredited FDR practitioner. There are some situations where the FDR practitioner might be required by law to disclose something you have said, for example the disclosure of suspected child abuse or to prevent a serious crime or threat to someone’s life.

There is also an inadmissibility provision, which means that things you say during FDR to an accredited FDR practitioner are not admissible in any court or proceedings unless they concern child abuse. This means that even if you cannot agree in FDR and you have to go to court, the judge will not be able to use anything you say during FDR when they are making a decision in court, unless it relates to child abuse.

You should confirm that your FDR practitioner is an accredited practitioner before you start FDR. You can check if someone is accredited on the FDR Register.

The FDR-specific confidentiality and inadmissibility provisions do not apply to people who are not accredited FDR practitioners. This means that other staff such as intake officers or family advisers that you may engage with as a part of the FDR process may not be covered by any confidentiality or inadmissibility provisions. If you are concerned, you can ask your FDR provider to clarify whether something will be confidential or be able to be used in court.

If your FDR practitioner refers you to a different person for a professional consultation, anything you say to that person is also protected and will not be admissible in court unless it relates to child abuse.

Counselling and Family Dispute Resolution

Unlike counselling, FDR does not focus on the emotional side of relationships. It concentrates on resolving specific disputes.

Participants may find it helpful to see a counsellor before going to FDR. This can help to develop a strategy to stay focused on achieving a positive outcome during the mediation session.

When FDR is not working, the FDR practitioner may suggest other options, such as family counselling.

Children and Family Dispute Resolution

Some FDR practitioners may use a type of mediation called ‘child inclusive mediation’. Child inclusive mediation is designed to enhance collaboration between parents and keep the best interests of the children at the forefront of the mediation. It will only happen if it is right for your circumstances. The FDR practitioner will look at a range of factors, including the age and maturity of your child, to determine if it’s appropriate for your family. If it is right for your family, an appropriately trained person such as a child consultant, family counsellor or child psychologist may talk with your child. Feedback from this discussion will inform the mediation process. This will only happen with parental consent.

Starting Family Dispute Resolution

Once someone engages an FDR practitioner, the practitioner will usually invite the other person to participate in FDR. The practitioner will advise the other person that if they don’t attend the mediation, the practitioner may need to issue a certificate so that the first person can make an application to a family law court.

The FDR practitioner will assess if FDR is suitable for the family situation. This includes considering issues such as family violence, safety, equality of bargaining power, risks to children, the emotional and psychological health of participants and any other issues that they think may make FDR unsuitable.

The FDR practitioner should also explain their role and the process of mediation so each party understands clearly what is expected and the potential outcome of the mediation.

What happens in Family Dispute Resolution?

The FDR practitioner will help to identify the issues that need to be resolved and encourage each party to listen to the other’s point of view.

The FDR practitioner will try to keep each person on track and focussed on the children or matters in dispute. Ideas and options will be shared with the aim of coming up with workable solutions that are in the best interests of the children.

Sometimes it’s not suitable to have each person in the same room so the practitioner may arrange to go back and forth from different rooms. This is called ‘shuttle mediation’. Sometimes it is necessary for the mediator to talk individually with each party to help move issues along or to discuss options for negotiation.

After Family Dispute Resolution

If you reach an agreement, you may choose to record the agreement in writing. This agreement can be formally recorded in writing as a ‘Parenting Plan’. A parenting plan must be in writing, and be dated and signed by both parents. It can include mechanisms to change arrangements and resolve disagreements. Parenting plans can be renegotiated over time if necessary.

For more information about parenting agreements, visit the parenting agreements page.

Sometimes agreement may not be reached at the time of the mediation. Sometimes an agreement can be made in an informal process after the FDR session.

When Family Dispute Resolution is unsuccessful

If the mediation is not successful for whatever reason, an accredited FDR practitioner can issue a certificate to allow an application to be made to a family law court. The certificate is called a ‘Section 60I certificate’ and can only be issued by an accredited FDR practitioner. If you are in Western Australia, you might be issued with a ‘Section 66H certificate’ instead. This will depend on whether the parents of the children involved in the dispute have ever been married.

A certificate can also be issued if FDR is not appropriate for the particular situation. This could mean there are concerns about family violence, the safety of the parties and risks to children, the ability for each party to be able to negotiate, or other issues the practitioner feels are relevant.

The certificate will say one of the following things:

  • the other party did not attend
  • you and the other party attended and made a genuine effort to resolve the dispute
  • you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute
  • the FDR practitioner decided your case was not appropriate for FDR, or
  • the FDR practitioner decided it was not appropriate to continue part way through the FDR process.

Note: 'Party' means the other person or persons involved in the parenting dispute.

Ali and Sam’s relationship has recently ended. They have two children together, and disagree about several issues about their ongoing care, including how to communicate with each other about the children. Ali rings a local FDR practitioner to ask if they can help.

After getting information about how FDR works and what it will cost, Ali and Sam both agree to undertake the mediation process and work through each of the issues about the children that are in dispute. They undertake a three hour mediation session through the nearest Family Relationship Centre.

Although Ali and Sam are still in conflict with each other about the end of their relationship, with support from their FDR practitioner to stay focused on the children, they manage to come to a workable agreement.

The FDR practitioner helps them to write up the agreement as a parenting plan. The three hour mediation process cost them less than $200, which both Ali and Sam see as a preferable outcome to spending upwards of $50,000 each in going to court for formal court orders.

Related links

Family Dispute Resolution Factsheet

Separation and Counselling

Parenting Agreements

Children and Family Law

Next steps

Use find local help, the Family Relationship Advice Line 1800 050 321 or the FDR Register to find an FDR practitioner near you.

Last updated: