In this guide
Key takeaway: For parenting disputes, attending Family Dispute Resolution (FDR) with an accredited practitioner is compulsory before you can file parenting proceedings in the Federal Circuit and Family Court of Australia — unless a formal exemption applies. For property disputes, mediation is not legally mandatory but is strongly expected. Refusing to engage without good reason can affect costs orders and the court's view of your conduct.
Is mediation compulsory for parenting matters?
Yes — with limited exceptions. Under section 60I of the Family Law Act 1975, a party applying for parenting orders from the Federal Circuit and Family Court of Australia must file a Section 60I certificate with their application. That certificate can only be issued by an accredited Family Dispute Resolution Practitioner (FDRP) — and obtaining it requires at least attempting the FDR process.
This requirement was introduced in 2006 as part of major family law reforms designed to reduce court workloads and encourage non-adversarial resolution of parenting disputes. The policy rationale is strong: parents who work out their own arrangements tend to comply with them better, maintain more cooperative co-parenting relationships, and protect their children from the emotional harm of adversarial court proceedings.
The court will not accept a parenting application without either a valid Section 60I certificate or a stated basis for claiming an exemption. Filing without one will result in the application being rejected.
Need a Section 60I certificate? Our accredited FDR practitioners can usually see you within two weeks — and most families resolve things entirely in the process.
Book your FDR session →Is mediation compulsory for property matters?
No — there is no equivalent of the Section 60I requirement for property settlement disputes. A party can file for property orders in the FCFCOA without first attempting FDR. However, this does not mean the court is indifferent to whether parties have tried to resolve the matter first.
The court's own pre-action procedures require parties to make a genuine attempt to resolve a property dispute before filing — through correspondence, negotiation, or some form of dispute resolution. A party who files for property orders without any genuine attempt to engage with the other side, and then achieves no better outcome than what was on offer before filing, risks a costs order against them.
In practice, the pressure to mediate before court for property matters is strong — even without a formal mandatory requirement.
When you're exempt from the FDR requirement
Section 60I(9) of the Family Law Act provides exemptions from the FDR requirement for parenting matters. You can file for parenting orders without a Section 60I certificate if:
- Family violence: A party or child has experienced or is at risk of family violence
- Child safety risk: The child would be at risk if there were any delay caused by the FDR requirement
- Urgency: The matter is urgent — for example, a risk that a child will be removed from Australia without consent
- Incapacity: A party is unable to participate in FDR due to physical or mental incapacity
- Existing orders: Current court orders (other than consent orders) already deal with the matter
An exemption must be stated in the court application. The court will assess whether the claimed exemption is genuinely applicable. Falsely claiming an exemption is a serious matter. If you believe an exemption applies to your situation, take legal advice before filing.
If you are currently experiencing family violence, contact the police (000) or 1800RESPECT (1800 737 732) immediately — your safety comes before any legal process.
The Section 60I certificate — what it is and what it means
A Section 60I certificate is the document that authorises you to file parenting proceedings. There are five types, each reflecting a different FDR outcome:
| Certificate type | When issued |
|---|---|
| Type 1 | Other party refused to attend or participate |
| Type 2 | Other party could not be located |
| Type 3 | FDRP determined FDR was not appropriate (e.g. family violence) |
| Type 4 | Both attended but one party did not make a genuine effort |
| Type 5 | Both attended and made a genuine effort but did not resolve all issues |
Types 1, 2, 3, and 5 allow the applicant to file without further adverse implications. Type 4 — the "not genuine effort" certificate — can be used by the court when considering costs orders. If you receive a Type 4 certificate because the other party failed to engage genuinely, this is a factor that can be raised with the court.
Consequences of refusing to attend FDR
If you refuse to attend FDR for a parenting matter without a valid exemption:
- The accredited FDRP issues the other party a Type 1 certificate, allowing them to file immediately
- The court may take your refusal into account when making costs orders
- Your refusal signals to the court that you are unwilling to cooperate — not a helpful impression in proceedings that assess what arrangements serve the children's best interests
There is no legal mechanism to compel a person to physically attend FDR. But the consequences of refusal — a certificate issued against you, costs exposure, and reputational damage to your case — are significant incentives to engage.
Engaging genuinely with FDR protects your legal position and often resolves the dispute entirely. Talk to us about how the process works.
Get started — free consultation →What counts as a genuine effort at FDR?
Simply attending the FDR session is not enough. You must make a genuine effort to resolve the dispute — which means actively engaging in the process, listening to the other party's perspective, and genuinely considering options for resolution. Attending and then refusing to discuss anything, or attending solely to obtain a certificate quickly, does not constitute a genuine effort and will result in a Type 4 certificate.
A genuine effort does not require you to agree. It requires that you come to the process with an open mind and genuinely participate. Reaching an agreement is the goal, but the law does not require you to agree — only to try in good faith.
Does it apply to de facto couples?
Yes. The Section 60I requirement applies to all parenting disputes under Part VII of the Family Law Act — including those involving de facto couples and same-sex couples. The FDR requirement is about the children's arrangements, not the nature of the adult relationship. The same requirement, the same exemptions, and the same certificate types apply regardless of whether the parties were ever married.
Frequently asked questions
Can I do FDR online to get my Section 60I certificate?
Yes. Online FDR is available and fully valid. At Mediations Australia, we conduct FDR sessions via video conference for parties anywhere in Australia. The certificate issued is the same regardless of whether the session is conducted in person or online.
How long does it take to get a Section 60I certificate?
From initial contact to receiving your certificate, the process at Mediations Australia typically takes 2–4 weeks — including the individual intake session, the joint FDR session, and issuing the certificate. Government-funded services have longer waiting lists; private practitioners are typically much faster.
Is FDR the same as mediation?
FDR (Family Dispute Resolution) is the formal term used in the Family Law Act. It is, in practice, a form of mediation — a structured, facilitated negotiation process with a neutral third party. The key difference is that FDR must be conducted by an accredited FDRP (not just any mediator) to produce a valid Section 60I certificate. All of Mediations Australia's parenting practitioners hold FDRP accreditation.
What if we reach agreement in FDR — does the certificate still issue?
If you reach a full agreement in FDR, the FDRP may choose not to issue a certificate at all — because the dispute has been resolved and there is no parenting application to file. Where partial agreement is reached, the FDRP can issue a Type 5 certificate covering the unresolved issues, allowing you to file on those issues only. This is one of the ways FDR can narrow the scope of any subsequent court proceedings.
Related guides
- parenting mediation
- child custody mediation
- family mediation
- Section 60I certificate
- co-parenting mediation
The FDR requirement is in the Family Law Act 1975 (s 60I). For government-funded FDR services, see Attorney-General's Department — Family Dispute Resolution.