Section 60I — Family Law Act 1975
Family Dispute Resolution (FDR) Preparation
FDR is required before court for parenting matters in Australia. Understand the process, how to prepare, when exemptions apply, and what certificate you'll receive.
Required
Before Court (Parenting)
3 Hours
Free at FRCs
65+
FRC Locations Nationally
What Is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a structured mediation process designed to help separating families reach agreement about their children and property without going to court. It is required by law before a parenting application can be filed in the Federal Circuit and Family Court of Australia — this requirement is set out in Section 60I of the Family Law Act 1975.
FDR is conducted by accredited Family Dispute Resolution Practitioners (FDRPs) — trained neutrals who help both parties communicate and explore options. The FDRP does not decide anything and does not take sides. Unlike arbitration or litigation, the outcome of FDR is entirely in the hands of the parties — nothing is imposed on you.
- Family Dispute Resolution (FDR) is a structured mediation process for separating families
- Conducted by accredited Family Dispute Resolution Practitioners (FDRPs) — not judges or lawyers
- Required before applying to court for parenting orders under s.60I of the Family Law Act 1975
- Voluntary for property-only matters, but strongly recommended to avoid costly court proceedings
- Sessions can be conducted jointly (both parties present) or via shuttle (separate rooms)
- Can be done in person, by phone, or by video conference
- On completion, you receive a Section 60I certificate that allows you to file in court if needed
- The FDRP is neutral — they do not take sides or make decisions for you
How to Prepare for FDR — Step by Step
1
Contact a Family Relationship Centre or private FDRP
Family Relationship Centres (FRCs) offer the first 3 hours free, then charge on a means-tested sliding scale. Private FDRPs charge approximately $200–$500 per person per hour. There are 65+ FRC locations across Australia. The FDRP will contact both parties to confirm willingness to attend and assess safety.
2
Safety assessment
The FDRP will speak with each party separately before FDR begins to assess whether there are safety concerns. If family violence is raised, the FDRP can arrange shuttle mediation (separate rooms), phone conference, or issue an exemption certificate. Be honest about your concerns — the FDRP is bound by confidentiality and cannot pass on what you tell them except in specific safety circumstances.
3
Gather your information and documents
Know the children's current routines, school schedule, medical appointments, and activities. Understand the other party's work schedule. Have your own availability ready. For property FDR: bring current bank balances, property values, and a rough list of assets and debts. You do not need formal valuations at this stage.
4
Clarify your goals and priorities
Before attending, write down: what you want ideally, what you can live with, and what you absolutely cannot agree to. Distinguish between your positions (what you're saying you want) and your interests (why you want it). FDR works better when parties focus on interests and the children's needs, not on winning.
5
Consider the other party's perspective
Think about what the other party wants and why. Where might they be flexible? Where will they not move? What would be a workable outcome for them? Coming into FDR with some understanding of the other party's position makes agreement more likely and keeps the process constructive.
6
Consider bringing a support person
You can ask the FDRP if you may bring a support person — a trusted friend, family member, or even a solicitor. They typically observe rather than speak. Having support can reduce the stress of the process, particularly if you are experiencing anxiety about facing the other party.
Exemptions from the FDR Requirement
Certain circumstances allow you to file directly in court without first attempting FDR. If any of the following apply to your situation, you may be exempt from the s.60I requirement.
Family Violence
There are reasonable grounds to believe family violence has been, or is likely to be, committed by a party. This is the most common exemption. You should not be required to mediate with someone who has subjected you to violence.
Child Abuse
There are reasonable grounds to believe the child, or a child who is a member of the family, has been abused or is at risk of being abused by a party.
Urgency
The matter is urgent and seeking consent or attending FDR would be inappropriate because the delay would prejudice the interests of the child or a party.
Incapacity
A party is unable to participate effectively in FDR due to illness, disability, incapacity, or other serious reason such as drug or alcohol dependency.
Other Party Refuses
The other party refuses or fails to attend a scheduled FDR session after being given reasonable opportunity to attend.
Previous Attempt
FDR has already been attended and a certificate has been issued within the last 12 months — you have already satisfied the requirement.
Section 60I Certificate Types
After FDR (or when FDR cannot proceed), the FDRP issues one of the following certificates. You must file this certificate with your court application. Judges do read these certificates — they tell the Judge how each party conducted themselves during FDR.
Certificate Type 1s.60I(8)(aa)
Both parties attended and made a genuine effort at FDR, but were unable to reach agreementThe most common certificate. Both parties participated genuinely but couldn't agree.Certificate Type 2s.60I(8)(ab)
FDR was attended, but the other party did not make a genuine effortThe receiving party attended and tried, but the other party was non-cooperative. Judges notice this.Certificate Type 3s.60I(8)(b)
The FDRP was of the view that the matter was not appropriate for FDR due to family violence or other reasonSafety concerns meant FDR could not proceed. No further attempt is required.Certificate Type 4s.60I(8)(c)
The other party refused to attend, or failed to attend after initially agreeingThe applying party cannot be penalised for the other party's non-attendance.Certificate Type 5s.60I(8)(d)
FDR was commenced but the FDRP was not satisfied it was appropriate to continueSomething arose during FDR (usually safety concerns) that meant the session could not continue.Parenting After Separation — Programmes That Can Help
In addition to FDR, "parenting after separation" programmes offer education about children's needs during the separation process. While not mandatory, they are highly recommended — particularly for parties with children — and are often suggested by FDRPs and family law courts.
- Parenting after separation (or relationship breakdown) programmes run nationally across Australia
- Typically one-day workshops covering: children's needs during separation, communication with the other parent, reducing conflict, and child development
- Available free or at very low cost through family relationship services
- While not legally required, attendance is often recommended by FDRPs and Judges
- Can be completed online or in-person
- Separate sessions for each parent are available — no need to attend with the other party
- Search the Family Relationships Online directory at familyrelationships.gov.au
Frequently Asked Questions
Prepare for FDR with Splitifi
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Related Pages
High-Conflict Divorce
Self-Represented Guide
Property Settlement
Evidence Organiser
Australian Guides
FRC: First 3 Hours Free
Family Relationship Centres (FRCs) offer the first 3 hours of FDR free to both parties. For many parenting matters, an agreement can be reached in this time. Call 1800 050 321 to find your nearest FRC.
Find an FRC Near You
Use the Family Relationships Online directory to locate your nearest Family Relationship Centre, or call the Advice Line on 1800 050 321 for free information and referrals.