Family Dispute Resolution: What You Need to Know

Separation is rarely straightforward. When a relationship ends — especially one involving children or shared property — disagreements about the future are almost inevitable. In Australia, the law encourages (and in many cases requires) separating couples to attempt to resolve those disagreements outside of court before a judge will hear their case.

That process is called Family Dispute Resolution, or FDR. Understanding how it works, what to expect, and when it applies can make a significant difference to the outcome for you and your family.

What Is Family Dispute Resolution?

Family Dispute Resolution is a form of structured mediation facilitated by an accredited professional — known as a Family Dispute Resolution Practitioner (FDRP). The practitioner is a neutral third party. Their role is not to decide who is right or wrong, but to help both parties communicate, identify their key concerns, and work toward a mutually acceptable agreement.

FDR can be used to resolve disputes about:

• Parenting arrangements — where children live, how much time they spend with each parent, schooling, healthcare, and other major decisions
• Property and financial matters — division of assets, superannuation, and debts following separation

FDR is not the same as couples counselling or reconciliation therapy. It is a practical, forward-focused process aimed at reaching workable agreements.

When Is FDR Required?

Under the Family Law Act 1975 (Cth), most parties must make a genuine attempt at FDR before applying to the Federal Circuit and Family Court of Australia for parenting orders. If you skip this step, the court will generally not accept your application.

To demonstrate that you have attempted FDR, you will need a Section 60I certificate issued by your FDRP. This certificate is required to file a parenting application with the court.

There are, however, important exceptions. You are not required to attempt FDR before going to court if:

• There are family violence or child abuse concerns (actual or reasonably feared)
• The matter is urgent — for example, a child is at immediate risk
• One party is unable to participate due to incapacity or location
• There has been a contravention of an existing order in the past 12 months
• The application is consent orders — where both parties already agree

If any of these exceptions apply to your situation, you should seek legal advice promptly.

What Happens During FDR?

The FDR process typically unfolds in several stages:

Initial Assessment

Before the joint session, the FDRP will meet with each party separately. This is called an intake or assessment session. The practitioner will explain the process, assess whether FDR is appropriate (for example, whether family violence makes joint sessions unsafe), and help each party clarify what they want to discuss.

Joint Sessions

If FDR proceeds, both parties attend one or more sessions together with the FDRP. Each person has the opportunity to speak and be heard. The practitioner guides the conversation, keeps it focused, and helps identify areas of agreement and disagreement.

Sessions can be conducted in person, by telephone, or via video — which is particularly useful for parties in different locations.

Reaching an Agreement

If the parties reach agreement on some or all issues, the FDRP can help document those agreements. For parenting matters, this might result in a parenting plan — a written record of the arrangements. A parenting plan is not legally enforceable, but it can be converted into consent orders by filing it with the court, which makes it binding.

For property matters, any agreement reached at FDR should be formalised through consent orders or a Binding Financial Agreement to be legally enforceable.

If Agreement Is Not Reached

If FDR is unsuccessful, the FDRP will issue a Section 60I certificate. The certificate does not record what was discussed or who was at fault — it simply confirms that an attempt was made. You can then proceed to file a court application.

How Long Does FDR Take?

The timeline varies depending on the complexity of the issues and the availability of both parties. A straightforward matter might be resolved in one or two sessions over a few weeks. More complex disputes — particularly those involving multiple children, significant assets, or high conflict — may require several sessions over a longer period.

It is worth noting that FDR is almost always faster and less expensive than litigation. Court proceedings in family law matters can take months or years to resolve, and the financial and emotional cost is substantial.

What Are the Benefits of FDR?

FDR offers several advantages over going straight to court:

Control over the outcome. In court, a judge decides. In FDR, you and your former partner shape the agreement. Arrangements that both parties have had a hand in creating are generally more durable and easier to follow.

Privacy. Court proceedings are largely public. FDR is confidential — what is said in sessions cannot generally be used as evidence in court.

Lower cost. Legal fees for contested court proceedings can run into tens of thousands of dollars. FDR is significantly more affordable.

Less adversarial. Litigation tends to entrench conflict. FDR encourages communication and cooperation — which matters enormously when children are involved and you will be co-parenting for years to come.

Flexibility. Court orders are binary — the judge decides. FDR allows for creative, tailored arrangements that reflect your family's specific circumstances.

Should I Have a Lawyer at FDR?

You are not required to have a lawyer present during FDR sessions. However, legal advice before and after FDR is strongly recommended.

Before FDR, a lawyer can help you:

• Understand your legal rights and entitlements
• Identify what is and is not negotiable
• Prepare for the session and anticipate the other party's position
• Assess whether any exceptions to the FDR requirement apply

After FDR, a lawyer can help you:

• Review any proposed agreement before you sign
• Formalise the agreement as consent orders or a Binding Financial Agreement
• Advise whether the agreement is fair and enforceable

Entering FDR without legal advice can leave you at a disadvantage — particularly if the other party has legal representation or if there is a significant power imbalance in the relationship.

What If There Is Family Violence?

Family violence is a serious consideration in FDR. The Family Law Act requires FDRPs to screen for family violence and assess whether it is safe for both parties to participate in joint sessions.

If there is a history of family violence, FDR may still be possible — but with appropriate safety measures in place, such as separate sessions (known as shuttle mediation), different arrival and departure times, or online participation. In some cases, FDR will not be appropriate at all, and the FDRP will issue a certificate accordingly.

If you are concerned about your safety, please seek legal advice before attending any FDR session.

Finding an Accredited FDRP

Family Dispute Resolution must be conducted by an accredited practitioner. You can find accredited FDRPs through:

• Family Relationship Centres — government-funded centres that offer FDR services, often at low or no cost
• Legal Aid — may provide FDR services or referrals
• Private practitioners — including family law firms and mediation specialists

The cost of private FDR varies. Some services are means-tested and subsidised. Your lawyer can help you identify the most appropriate service for your situation.

How BC Legal Can Help

At BC Legal, we regularly assist clients preparing for and navigating Family Dispute Resolution. We can advise you on your legal position before you attend, review any agreement reached, and formalise the outcome into binding orders.

If FDR is not appropriate in your circumstances — or if it has been unsuccessful — we can represent you in court proceedings.

We understand that family law matters are rarely just legal problems. They are deeply personal, and the decisions made now will affect your family for years to come. Our approach is practical, clear, and focused on achieving the best possible outcome for you and your children.

To discuss your situation, contact BC Legal to arrange a consultation with one of our family law solicitors.