Key takeaway: For parenting disputes, attempting family dispute resolution (mediation) is generally compulsory before you can file in court — and you need a Section 60I certificate to prove you tried. Exemptions exist for family violence, urgency, and certain other situations. For property matters mediation isn't strictly mandatory, but courts strongly expect genuine pre-action efforts to resolve.
The short answer
For parenting matters, mediation is effectively compulsory: under the Family Law Act 1975, you must make a genuine effort to resolve the dispute through family dispute resolution before applying to court, unless an exemption applies. For financial and property matters it isn't strictly mandatory, but the courts expect you to have made genuine attempts to settle before litigating.
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Book a free consultation →When it's required: parenting matters
If you want to apply for a parenting order, you generally must first attend family dispute resolution. This requirement, set out in the Attorney-General's Dept — Family Dispute Resolution framework, reflects a clear policy: children's matters should be resolved cooperatively wherever safe, not fought out in court. Only after a genuine attempt (or a valid exemption) can you file.
The Section 60I certificate
A Section 60I certificate is the document that proves you attempted family dispute resolution. It's issued by an accredited practitioner and can state, among other things, that both parties attended and made a genuine effort, that one party refused to attend, or that the matter wasn't appropriate for mediation. You attach it to your court application. See our Section 60I certificate service →
What about property matters?
For financial and property disputes, there's no Section 60I requirement — but don't assume mediation is optional. Courts impose pre-action procedures expecting parties to genuinely try to resolve matters first, including through negotiation or mediation, and can take a dim view (including on costs) of those who rush to litigate. In practice, property settlement mediation is both expected and sensible.
Exemptions from the requirement
You may be exempt from the family dispute resolution requirement where:
- There is family violence or a risk of it
- There is child abuse or a risk of abuse
- The matter is urgent
- A party is unable to participate effectively (e.g. incapacity, or location)
- There has been a serious breach of an existing order
If any of these apply, you may be able to go straight to court. See family violence and family law →
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Book a free consultation →What if my ex refuses?
If your former partner won't attend, that doesn't trap you. The practitioner can issue a Section 60I certificate stating the other party refused or failed to attend, which lets you proceed to court. That said, refusal is often a negotiating posture rather than a final position — a skilled mediator can sometimes bring a reluctant party to the table. Learn how mediation actually works →
What counts as a genuine attempt?
Turning up isn't enough on its own — you're expected to participate in good faith: to listen, to consider options, and to genuinely try to reach agreement. The good news is that genuine participation is also what makes mediation succeed, so the requirement and your interests point the same way. See how to prepare →