What is Family Dispute Resolution?

Separating from a partner is one of the hardest things a person can go through, especially when children are involved. Before disputes escalate to the courtroom, Australian family law gives families a better option: Family Dispute Resolution. It’s less costly, less adversarial, and for parenting matters, it’s legally required before you can even file a court application.

Key Takeaways

• Family Dispute Resolution (FDR) is a structured mediation process that helps separating families resolve disputes without going to court
• FDR is compulsory under Australian law before applying for parenting orders, with limited exceptions
• An accredited FDR practitioner guides discussions but cannot impose decisions or give legal advice
• FDR is confidential and generally cannot be used as evidence in court proceedings
• It covers parenting arrangements, property and financial matters, and child support

What Does Family Dispute Resolution Involve?

Family Dispute Resolution is a structured form of mediation designed specifically for separating families. An accredited Family Dispute Resolution Practitioner (FDRP) (independent of both parties) helps people resolve some or all of their disputes arising from separation or divorce. FDRPs are trained to assist people in resolving disputes, but they cannot give legal advice or impose a decision.

It’s worth understanding that FDR is different from simply “talking it out.” Sessions are facilitated by a trained professional who keeps discussions productive, manages emotion, and ensures both parties have a fair chance to be heard. The goal is to help you reach an agreement you’ve both had a genuine say in.

FDR is confidential and is not admissible under the Family Law Act, meaning it cannot be used as evidence in court. This protection applies where the FDR practitioner is accredited by the Attorney-General’s Department or authorised by a court.

What Issues Can FDR Help Resolve?

FDR is most commonly used for parenting disputes after separation, but it can cover a range of family law matters:

• Parenting arrangements: where children live, time spent with each parent, and decision-making about education, health and religion
• Property and financial matters: how assets and debts are divided after a relationship ends
• Child support: contribution arrangements outside of the Child Support Agency formula

FDR can take place at any stage – before a relationship fully breaks down, during separation, or even after court proceedings have begun.

Is Family Dispute Resolution Compulsory in Australia?

Yes, for parenting disputes, it is. It is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution before applying to a family law court for parenting orders. This requirement is set out in Section 60I of the Family Law Act 1975, which requires that before a parent applies to the court for parenting orders, they must first attempt to resolve issues through family dispute resolution.

If you want to apply for parenting orders, you’ll need a Section 60I certificate from an accredited FDRP before the court will accept your application. You cannot start court proceedings regarding parenting without either a 60I certificate or an exemption from FDR.

It’s also worth noting that from June 2025, changes to the Family Law Act 1975 give the family law courts express power to reject a parenting application for filing if there is non-compliance with Section 60I of the Act.

When is FDR Not Required?

There are important exceptions. FDR is not compulsory (and in some cases, entirely inappropriate) where:

• There has been domestic violence, or a person is at risk of domestic violence
• Child abuse has occurred or a child is at risk of abuse
• The matter is urgent
• A person is unable to participate effectively (for example, due to incapacity or geographical location)
• A person has contravened and shown a serious disregard for a court order made in the last 12 months

If you’re in any of these situations, a Section 60I certificate is not required, and you can apply directly to the court. This is something our family lawyers in Townsville can advise you on from the outset, so you’re not left trying to navigate the exemption process alone.

What Happens in an FDR Session?

Every FDR process starts with an intake assessment, a confidential individual session where the FDRP determines whether FDR is suitable for your circumstances. If it is, a joint session is arranged.

During the joint session, both parties (and sometimes their lawyers, depending on the service) have the opportunity to raise their concerns and priorities. The FDRP keeps discussions on track and focused on practical outcomes, particularly the best interests of any children involved.

Agreements reached at court-based FDR can be formalised and made into binding court orders. Agreements reached at FDR conducted outside the court are not automatically binding, and there are obligations on the FDRP to explain these issues to parties.

If FDR doesn’t result in a full agreement, the FDRP will issue a Section 60I certificate confirming that an attempt was made. There are five types of Section 60I certificates an FDR practitioner can issue, covering situations such as: the other party refused to attend; the practitioner did not consider it appropriate to conduct FDR; or that a genuine effort was made by all parties. The type of certificate issued can later be relevant if cost orders are being considered.

Who Are FDR Practitioners?

FDRPs come from professional backgrounds including law, social work, and counselling. You should ensure that any person you engage to assist with FDR is registered as a Family Dispute Resolution Practitioner with the Commonwealth Attorney-General’s Department. The Attorney-General’s Department maintains a publicly searchable register of all accredited FDRPs.

They remain neutral throughout. They’re not advocates for either party, and they don’t decide outcomes. Their role is to facilitate, not adjudicate.

What Does FDR Cost?

The cost varies depending on where you access FDR. Family Relationship Centres (FRCs) provide free information, referrals, and individual sessions. Joint dispute resolution sessions for parenting and/or property matters are provided free of charge for the first hour per couple. For the second and third hour, Centres will charge clients with a gross annual income of $50,000 or more $30 per hour; clients earning less than $50,000 or who receive Commonwealth health and social security benefits will not be charged.

Private FDRPs charge varying fees. Government-subsidised community-based services offer FDR at modest, income-scaled rates. You can search for services in Queensland through Family Relationships Online.

Compared to family court proceedings, FDR is significantly more affordable.

The Benefits of Choosing FDR

Beyond the cost savings, FDR has real practical and emotional advantages for families:

• You control the outcome. There are no decisions imposed by a judge; you and the other party reach agreements together, which makes them more likely to hold up over time
• It’s faster. Court proceedings can take years; FDR can resolve matters in weeks
• It’s better for children. Reducing conflict and maintaining cooperative communication between parents has lasting benefits for kids’ well-being
• It’s confidential. What’s said in FDR stays in FDR, within the limits of the law
• It supports ongoing communication. The process builds skills for handling future disputes, which matters when you’ll be co-parenting for years

Should You Get Legal Advice Before FDR?

Yes. FDRPs cannot give you legal advice. Going into mediation without understanding your legal rights and entitlements means you may agree to terms that aren’t actually in your best interests.

Speaking with our child custody lawyers or divorce lawyers before your FDR session means you’ll understand what you’re entitled to, what’s reasonable to agree to, and where you should hold firm. It also means any agreement you reach can be properly formalised as a parenting plan or consent orders, giving it legal weight.

Navigating a separation is difficult enough without doing it without support. At Townsville Family Lawyers, you’ll always speak directly with a lawyer. Whether you need guidance ahead of an FDR session or want to understand your options before anything is agreed, call us on 07 4752 0290 or make an appointment online.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult a qualified family lawyer.