Family Dispute Resolution (Mediation) Explained: Do You Have to Try It First?

If you are heading towards a dispute with your ex about the kids, the house, or both, someone has probably already told you that you need to "do mediation first." It is common advice, and it is also only half the story. Whether you are legally required to attempt family dispute resolution before you can ask a court to step in depends on w

hat kind of dispute you actually have, and there are real exceptions built into the law for situations where mediation is not safe or not appropriate.

This article explains what family dispute resolution actually is, when the law requires you to attempt it, what the exceptions are, and what a session generally looks like, so you know where you stand before you get any further into the process.

What family dispute resolution (mediation) actually is

Family dispute resolution, usually shortened to FDR and often called mediation, is a process where an independent, nationally accredited practitioner helps separated parents or partners work through the issues in dispute and try to reach an agreement. The practitioner is not a judge and does not decide the outcome. Their job is to manage the conversation, keep it structured and focused, and help both people work out whether there is common ground.

FDR is different from a lawyer-led negotiation or a court hearing. Nobody is deciding anything for you in the room. If an agreement is reached, the next step is usually to formalise it, most commonly through consent orders for parenting or property matters, or a parenting plan where a court order is not needed.

Is mediation compulsory before you can go to court?

For parenting disputes, the answer is generally yes, with defined exceptions. Under section 60I of the Family Law Act 1975 (Cth), a person must make a genuine effort to resolve a parenting dispute through family dispute resolution before applying to the Federal Circuit and Family Court of Australia for parenting orders. In practice, this means the court will not accept your parenting application for filing unless you file a certificate from an accredited FDR practitioner confirming that FDR was attempted, or you can point to an exemption that applies to your situation.

This requirement was strengthened by the Family Law Amendment Act 2024, which commenced on 10 June 2025. Since that date, the court has express power to reject a parenting application for filing outright where no valid section 60I certificate has been provided and no exemption applies, rather than accepting the application and dealing with the issue later. A separate change added a further exemption where there are reasonable grounds to believe a person has, within the last 12 months, contravened an existing parenting order in a way that shows serious disregard for their obligations under it.

The certificates themselves also changed recently. Under the Family Law (Family Dispute Resolution Practitioners) Regulations 2025, FDR practitioners have been required to use an updated certificate form for every section 60I certificate issued from 1 April 2025 onward. Because of how these certificates work, a certificate generally only covers issues genuinely attempted within roughly the last 12 months, which is worth keeping in mind if your matter has been sitting for a while.

For property and financial disputes, there is no equivalent section 60I requirement. You are not legally compelled to attempt mediation before applying to court over property or superannuation. That said, the court still expects separating couples to have made genuine efforts to resolve financial disputes without litigation, and failing to show that effort can affect how your matter is viewed, and potentially how costs are dealt with, once you are in the court system. In practical terms, most people going through a property settlement will still be expected to attempt some form of dispute resolution first, even though the legal mechanism behind that expectation is different to the parenting pathway.

The exceptions: when you do not have to attempt FDR first

The Family Law Act sets out specific situations where a section 60I certificate is not required before filing a parenting application. Broadly, these include circumstances where:

The application is made with the consent of all parties, or in response to an application someone else has already filed.

There are reasonable grounds to believe there has been family violence or a risk of family violence, or child abuse or a risk of child abuse, involving a party or the child.

The matter is urgent.

A party is unable to participate effectively in FDR, for example because of incapacity, remoteness, or a comparable practical barrier.

There are reasonable grounds to believe a person has, within the last 12 months, seriously disregarded their obligations under an existing parenting order.

If you think one of these might apply to you, this is a decision to get legal advice on rather than to self-assess. Exemption claims are considered by the court, and getting the framing wrong can slow your matter down rather than speed it up. If safety is a genuine concern for you or your children, that is the priority, and it should be raised with a lawyer or a support service before anything else.

What generally happens in a session

Most FDR sessions follow a broadly similar shape, though the exact format varies between practitioners and services. Many parenting matters are conducted on a "shuttle" basis, where you and your ex are kept in separate spaces and the practitioner moves between you, rather than sitting you down together. This is common where communication between the parties is strained, and it does not mean anything has gone wrong.

The practitioner will typically open by explaining the process and their role, including what they can and cannot do. From there, the session works through the specific issues in dispute. If an agreement is reached, even a partial one, the practitioner will usually record what was agreed so it can be formalised properly afterwards. At the end of the process, whether or not agreement was reached, the practitioner issues a certificate recording what happened, including whether both parties attended and made a genuine effort.

When mediation is not the right next step

Family dispute resolution is built on the idea that both people are able to negotiate freely and safely. Where family violence, a significant power imbalance, or a genuine safety risk is present, mediation may not be appropriate at all, regardless of whether a certificate is technically required. This is exactly the kind of situation the exemptions in section 60I are designed to cover, and it is worth raising directly with a lawyer rather than working through it alone.

Where this leaves you

If you are dealing with a parenting dispute, assume FDR is a required step unless you have a clear reason to think an exemption applies, and get advice early if you are not sure. If your dispute is about property, mediation is not compulsory in the same legal sense, but making a genuine attempt to resolve things outside court is still expected and generally worth doing regardless.

This article is general legal information about how family dispute resolution works in Australia. It is not legal advice, and it does not tell you what will happen in your own matter or whether an exemption applies to your circumstances. If you are unsure where you stand, speak with a family lawyer before you rely on anything above.