Family Dispute Resolution: What It Is, and Why the Law Requires It First

For many separating parents, the words “family dispute resolution” first appear as an unfamiliar hurdle standing between them and the courtroom. In reality, this process is one of the most valuable tools available to resolve parenting disputes — and, in most cases, the law requires parents to attempt it before a court application can even be filed.

Why the Law Puts Mediation First

Under the Family Law Act 1975, parents with a dispute about their children must generally make a genuine effort to resolve it through family dispute resolution (FDR) before applying to court. This isn’t simply a procedural formality — it reflects a deliberate policy choice. Courts are resource-intensive, slow, and adversarial by nature. Parliament has recognised that most parenting disputes are better resolved through structured negotiation, guided by a trained, independent practitioner, than through litigation.

At the end of a genuine FDR attempt that doesn’t result in full agreement, parents receive a section 60I certificate, which is generally required to file a parenting application with the court.

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When Is Mediation Not Required?

The law recognises that FDR is not appropriate in every case. Exceptions include situations involving:

• Family violence or abuse
• Urgency (for example, a risk that a child will be removed from Australia)
• A parent’s inability to participate effectively, due to incapacity or other reasons
• Certain contraventions of existing orders

Where any of these apply, it’s important to obtain legal advice promptly — proceeding straight to court may be both appropriate and necessary, and time-critical.

What Actually Happens in Family Dispute Resolution

FDR is conducted by an accredited practitioner, independent of both parents, whose role is to facilitate discussion rather than make decisions. A typical process involves:

• An initial intake assessment, including a screening for family violence or safety concerns
• One or more joint or shadow (separate room) sessions
• Structured discussion of the issues in dispute — living arrangements, time with each parent, decision-making responsibilities
• Documentation of any agreement reached, often forming the basis of a parenting plan or consent orders

Crucially, FDR practitioners cannot force an outcome and do not provide legal advice. This is why many parents attend FDR with independent legal support already in place — to understand their rights and options before, during, and after the process.

The Real Benefits of Getting It Right

Parents who engage constructively in FDR often find it delivers outcomes that litigation simply cannot:

• Speed. Sessions can often be arranged within weeks, compared to the months or years a contested court matter can take.
• Cost. FDR is typically a fraction of the cost of a litigated dispute.
• Preserved relationships. A negotiated agreement, reached collaboratively, tends to produce far less lasting damage to the co-parenting relationship than an adversarial court battle.
• Tailored outcomes. Parents, not a judge, shape the terms — allowing for practical, family-specific solutions a court order might not easily accommodate.

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Where Mediation Can Fall Short

FDR is not a guarantee of resolution, and it isn’t the right process for every situation. Power imbalances, unresolved safety concerns, or a parent negotiating in bad faith can undermine the process. This is precisely why preparation matters — understanding your legal position, your realistic entitlements, and your non-negotiables before you walk into a mediation session dramatically improves the likelihood of a fair and durable outcome.

How Aylward Game Solicitors Can Assist

Aylward Game Solicitors places a strong emphasis on collaborative dispute resolution, and we see family dispute resolution as one of the most effective tools available to separating parents — not merely a box to tick before litigation. Wherever your circumstances permit, we will help you prepare thoroughly for FDR, ensure you understand your legal position going in, and support you in reaching an agreement that genuinely serves your children’s best interests.

Where mediation is not appropriate — because of safety concerns, urgency, or a breakdown in good-faith negotiation — our family law team is equally well placed to advise on and pursue the necessary court process, including obtaining the required certification to proceed.

If you are approaching separation and want to understand your obligations around family dispute resolution, or need support preparing for or conducting mediation, contact Aylward Game Solicitors for practical, experienced guidance.