Question 1

What is Family Dispute Resolution?

Accepted Answer

Family Dispute Resolution — often called family mediation — is a confidential, structured process that helps separating couples reach agreement about parenting, property, or financial matters. It’s facilitated by an accredited Family Dispute Resolution Practitioner (FDRP) who acts as a neutral third party, helping you communicate constructively and make decisions together.

FDR is a specific form of mediation recognised under the Family Law Act 1975, which means the process — and anything discussed within it — is protected by law.

Question 2

Who can be assisted by mediation?

Accepted Answer

Mediation can support anyone involved in a family law matter — including parents, grandparents, and other family members who play an important role in a child’s life. It offers a calm, structured space to work through decisions about parenting, property, or finances with dignity and care.

It’s available to married or de facto couples, those who are separated or still living under one roof, and families wanting to update existing parenting arrangements as children grow or circumstances change.

In some property matters, third parties may also be included — such as a parent or relative who has a financial interest in a shared home or asset.

No matter the structure of your family, the goal remains the same: to create clarity, reduce conflict, and support outcomes that protect your children’s wellbeing and your family’s future.

Question 3

Is FDR legally required?

Accepted Answer

In most cases, yes. Before applying to the Family Court for parenting orders, parents are required to attempt Family Dispute Resolution (FDR) unless an exemption applies — such as family violence, child abuse, or urgency.

If mediation isn’t appropriate or you can’t reach agreement, a Section 60I Certificate may be issued following assessment of family dispute resolution requirements. This certificate allows you to proceed to court if needed.

Question 4

Can I choose not to attend mediation?

Accepted Answer

Yes. Mediation is a voluntary process, and you can choose not to attend. However, it’s important to understand that under the Family Law Act 1975, parents are generally expected to make a genuine effort to resolve parenting matters through Family Dispute Resolution (FDR) before applying to the Family Court.

If a person chooses not to participate, or if mediation is found unsuitable to proceed, a Section 60I Certificate may be issued following assessment of family dispute resolution requirements. This certificate may be required if the other party later applies to court, and it can have implications for how the court views each person’s willingness to engage in dispute resolution.

If you’re unsure whether to attend, it’s best to seek independent legal advice about your options and any potential consequences.

Even though attendance is voluntary, many families find that mediation provides a calmer, more child-focused, and cost-effective path forward than court proceedings.

Question 5

What’s the difference between mediation, legal advice, and counselling?

Accepted Answer

Mediation — or Family Dispute Resolution — is a structured, confidential process that helps parents and separating couples make decisions about parenting, property, and financial matters. The mediator (or FDR Practitioner) is neutral and does not take sides or give legal advice. Instead, they guide communication, clarify issues, and support both parties to reach mutual agreements.

Legal advice is different. A lawyer represents one person and provides specific advice about rights, entitlements, and legal strategy. While you don’t need a lawyer to attend mediation, it’s often helpful to seek independent legal advice before or after sessions to understand your options.

Counselling focuses on emotional wellbeing, healing, and communication patterns. It can help you manage stress or conflict but doesn’t result in formal agreements. Mediation, by contrast, is future-focused and aims to help you make practical, child-centred decisions you can both live with.

Question 6

Do I need a lawyer to attend mediation?

Accepted Answer

No. You don’t need a lawyer to take part in Family Dispute Resolution. Many people attend mediation on their own or with a support person. My role as your mediator is to remain neutral — I don’t take sides or provide legal advice, but I guide the conversation so both parents can be heard and make informed decisions.

That said, it’s often helpful to get independent legal advice before or after mediation, especially if you’re finalising parenting or property agreements. Your lawyer can help you understand your rights, review draft agreements, or formalise them into Consent Orders if needed.

Question 7

Is everything confidential?

Accepted Answer

Yes. What’s said during Family Dispute Resolution is confidential and cannot be used as evidence in court or shared outside the process. This confidentiality helps both parents speak openly and focus on finding solutions, not defending positions.

There are, however, a few legal exceptions. I must share information if there are reasonable grounds to believe a child is at risk of harm, someone may be in danger, or a crime is likely to be committed. These exceptions are rare and exist to ensure everyone’s safety.

Question 8

What if we don’t reach an agreement?

Accepted Answer

Sometimes, despite everyone’s best efforts, an agreement isn’t possible right away. In those cases, your Family Dispute Resolution Practitioner may issue a Section 60I Certificate, which confirms that a genuine attempt at mediation was made. This certificate is often required if you decide to apply to the Family Court for parenting orders.

Even if full agreement isn’t reached, mediation often helps narrow issues, clarify next steps, or improve communication — making any future discussions or legal processes much easier.

Question 9

What happens after mediation?

Accepted Answer

If you reach agreement during mediation, your outcomes can be recorded in a Parenting Plan or Property Agreement. These documents outline what you’ve agreed to and can be made legally binding later through Consent Orders or through lawyers if you both choose.

If full agreement isn’t reached, you may still leave with greater clarity about the issues, options, and next steps. Where appropriate, I may issue a Section 60I Certificate confirming a genuine attempt at mediation, or provide a summary to help you continue discussions or seek further advice.

Question 10

Can we mediate if we’re still living together?

Accepted Answer

Yes. Many couples choose to start mediation while they’re still under one roof. In fact, early mediation can help reduce tension, improve communication, and create clear agreements about parenting, property, and household routines during this transition period.

Family Dispute Resolution provides a structured, neutral space to talk about what’s working, what’s not, and how to make practical decisions that protect everyone’s wellbeing — especially your children’s.

Reduced-Fee Community FDR Now Available for Eligible Families Experiencing Financial Hardship — Enquire Here

Hannah Hopkinson

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