What’s the family dispute resolution (FDR) process?

Article updated 08/06/2026

Key takeaways

• Family dispute resolution (FDR) helps separating families reach their own agreements with the help of an independent practitioner without going to court.
• For most parenting matters, FDR isn’t optional. Under the Family Law Act 1975, you generally must try it before you can apply to the court, unless an exemption applies.
• A Section 60I certificate, issued by your FDR practitioner, is required before you can take a parenting matter to court.
• Exemptions apply in certain cases, including urgency, family violence or child abuse, incapacity, or a recent breach of court orders.
• FDR can sort out parenting arrangements, child support arrangements and property division, but not active abuse, urgent safety matters or formal child support assessments.
• Any agreement reached isn’t legally binding until you formalise it through a consent order.

When you have conflict within your family, particularly with an ex-partner during a divorce or separation, it can be very challenging to resolve. But heading straight to court isn’t the only option. Importantly, the family dispute resolution (FDR) process can be an effective way to help families resolve their disputes without having to go to court at all. 

This has many benefits, but one of the best is that it helps to avoid unnecessary legal costs and further emotional strain and allows parents to focus on the parenting of their children. 

But FDR isn’t just an option for resolving conflicts between family members – it’s actually a requirement in most cases. The Family Law Act 1975 requires that all parenting matters must first go through the FDR process before an application can be made to the Court, except in certain limited circumstances. 

What is family dispute resolution?

The FDR process is a way for families to work through the issues between them with the help of an independent person who guides the process. The goal is to help the parties reach their own agreement, outside of the court system, wherever possible. 

We often think of FDR as mediation. But it is broader than that, though it often works in much the same way. In this process, an independent, registered FDR practitioner supports parties affected by separation or divorce who may be struggling to communicate, helping them to identify issues and explore possible solutions so they can come to an agreement together, focused on the best interests of their children. 

When is FDR used in family law in Australia?

FDR is most often used when separated parents need help working out arrangements for their children. Under family law, you’ll usually need to try FDR before you will be permitted to ask the court to make parenting orders (unless an exception applies). The mediation process that FDR forms part of can also be used to resolve disputes around property, finances and other family law issues. 

Many Australian families find this type of structure extremely useful in managing conflict because it’s practical, affordable and a much less stressful way to reach an agreement. 

What happens in the FDR process?

Before you attend any FDR session, it’s a great idea to get some initial legal advice from a family lawyer. By doing this, you’ll make sure you’re aware of your, your children’s and the other party’s legal rights and responsibilities. This can save a lot of time and angst during the process because you’ll be well prepared to propose solutions that are reasonable and in your children’s best interests. 

As a first step, you will usually meet with your FDR practitioner one-on-one to make sure your matter is suitable for mediation. Once this has been confirmed, then both you and your ex-partner will meet with the FDR practitioner for a joint session. The practitioner will guide you through the mediation process with the goal of reaching an agreement. Sometimes your lawyers also attend this joint session. The FDR process can be conducted as a shuttle conference if you are concerned about being in the same session as your ex-partner.

If you can’t reach an agreement through the FDR process, then you may be able to go to court to seek orders to resolve your conflict. A Section 60I certificate is a mandatory legal document provided by an FDR practitioner at the conclusion of FDR, which must be filed before you can apply to the court for an order. 

Your FDR practitioner will provide you with this document once your session has been completed or assessed if you were not able to reach an agreement. It will also be provided to you if the other party refuses or fails to attend FDR or if FDR is deemed unsuitable for your circumstances.

Advantages of FDR

There are many advantages to going through the FDR process rather than through the court system.

• It’s a quicker and cheaper process
• It’s less stressful and intimidating than court proceedings
• It allows the parties to reach an agreement that benefits them both (and their children)
• FDR enables flexibility in the arrangements to suit specific family circumstances
• The process allows the parties to reduce and narrow the specific matters that are in dispute, in the event that their case does proceed to litigation
• It means that decision-making control remains with the parties, rather than being ordered by the Court

Am I eligible for an FDR exemption?

While the FDR process is mandatory for most parenting matters (unless an exemption applies) and encouraged for most property matters, there are circumstances where exemptions apply.

These can include situations where:

• The matter is urgent
• There’s a risk of, or there has been, child abuse or family violence by a party
• One or both parties is/are unable to participate effectively, for example, due to incapacity or physical distance from available FDR services, although FDR can be effectively conducted online.
• One party has allegedly contravened an order made in the last 12 months and thereby demonstrated a serious disregard for their obligations under the order

To apply for an exemption, you’ll need to demonstrate to the Court that the grounds for an exemption apply in your case. This will usually involve filing an affidavit along with supporting evidence.

Matters for FDR

What can be resolved with FDR:

• How much time is spent with each parent
• Financial support for children
• Where children live
• Holiday arrangements
• Communication between parents
• Other co-parenting arrangements
• Division of property and assets

What can’t be resolved with FDR:

• Active child abuse or family violence issues
• Urgent safety matters
• Child support issues
• Matters requiring court intervention

What happens after FDR?

If an agreement is reached, parties have the option of recording it in a written agreement. Keep in mind this won’t be legally binding. To formalise the agreement and make it legally enforceable, you can apply to the court for a consent order. We highly recommend you seek the counsel of an experienced family lawyer before signing.

If an agreement can’t be reached, you have a few options. You could attempt mediation again, try negotiation with the assistance of lawyers, or you may need to apply to the court to resolve the dispute.

How a family lawyer can help with FDR

Having an excellent family lawyer on your team can help ease the stress and the sometimes overwhelming nature of a difficult situation. They can advise you on your rights and entitlements both before and after FDR. A family law practice such as Australian Family Lawyers can be, and often is, involved in the process by connecting you with accredited FDR practitioners, providing expertise and guiding the drafting of legally binding agreements. 

If you have any queries regarding the FDR process, the AFL team will handle your matter with sensitivity and care. Please call us on 1300 470 253 to talk through your options.