When you separate from your partner, it’s not always easy to agree on what comes next — especially when children and property are involved. Family Dispute Resolution (FDR) can offer an efficient and cost-effective way to work through these issues with the support of an impartial mediator.

To reach practical, long-term solutions for your family, it’s important to understand how this process works — and your rights and responsibilities along the way.

At BDN Lawyers, our experienced Family Law team has guided countless clients through FDR. Here, we explain what it involves, who it’s for, and how it can help you move forward with confidence and clarity.
 

What is family dispute resolution?

Family dispute resolution (FDR) is a type of mediation that helps separating or divorcing couples resolve disputes about parenting (including child-related expenses), property, and finances without going to court.

An independent and impartial third party — known as a Family Dispute Resolution Practitioner (FDRP) — facilitates open communication to help both people reach practical, mutually acceptable agreements.

The goal of FDR is to:

• Support cooperative, child-focused outcomes that benefit the whole family in parenting matters
• Reduce conflict and improve communication between separating parties
• Save time and money compared to court proceedings

When to participate in family dispute resolution

FDR is designed for people who are separating or have already separated — whether married or in a de facto relationship — and need help resolving issues about children, finances or property outside of the courtroom.

This process provides a safe, structured environment for open discussions about post-separation parenting arrangements, property settlements, and financial responsibilities.

Importantly, it’s not just for parents. Grandparents, step-parents, aunts, uncles or other significant adults involved in a child’s life can also take part when appropriate. However, in the majority of cases, it is the parents or the primary caregiver to the child in parenting matters.

Let’s take a closer look at each application.

Parenting orders

FDR plays a key role in reaching parenting agreements or orders under the Family Law Act.

Before applying to the Federal Circuit and Family Court of Australia for parenting orders, parents are legally required to make a genuine effort to resolve disputes through FDR, unless an exemption applies (for example, family violence or urgency).

Through FDR, parents can make informed decisions about their children’s care, living arrangements, education and welfare, helping create more stable, child-focused outcomes.

Property agreements

FDR can also assist with property and financial settlements, helping separated couples or de facto partners negotiate how to divide assets, debts and financial resources.

Using FDR for property and financial issues is strongly encouraged. It allows parties to reach balanced agreements without court involvement, saving time, money and unnecessary conflict.
 

Benefits of family dispute resolution

About 10% of separated parents in Australia resolve parenting matters through FDR or after forms of mediation, while only 3% take their disputes to court.

This growing preference for FDR reflects the many benefits it offers over traditional court proceedings.

FDR encourages open communication, informed decision-making and cooperative problem-solving. It also helps preserve respectful relationships between parents, something that’s especially important when children are involved.

Keep reading to learn more about the key benefits of FDR in Australia.

Less adversarial and stressful

FDR’s collaborative approach reduces tension, encourages respect and supports ongoing communication, which is particularly important for parties who need to co-parent after separation.

Research based on over 1,600 client surveys suggests that 65% of participants in joint FDR sessions reached full or partial agreement on at least one issue. Participants also reported reduced conflict, even in high-stress situations that might otherwise have ended up in court.

By separating emotions from practical decision-making, FDR helps families move forward with less hostility and greater satisfaction than traditional litigation.

FDR also helps couples separate emotions from decision-making, making it easier to move forward calmly and confidently.

By resolving matters together, families often feel more satisfied, less anxious and better prepared to maintain a civil relationship — whether that’s for co-parenting or simply ending the partnership respectfully.

Faster and more affordable than court

FDR is almost always quicker and less expensive than litigation. While legal proceedings can take months or even years, many FDR matters are resolved within just a few weeks/months.

This process follows a clear, structured format that keeps discussions focused and efficient. By reaching an agreement through FDR, couples also avoid multiple hearings, legal fees and the emotional strain of adversarial court proceedings — freeing up time, money and energy for rebuilding their lives.

Children’s best interests are protected

At the heart of FDR is the principle that every decision should reflect the best interests of the child. Accredited practitioners are trained to keep conversations focused on children’s wellbeing, safety and stability, not on adult conflict.

Parents are encouraged to create practical parenting arrangements that meet their children’s day-to-day needs, such as care schedules, schooling, and health decisions. Combined with cooperation and open communication, this ultimately lays the foundation for healthier co-parenting long after separation.

Greater control over the outcome

Unlike the court, where a judge imposes a binding decision, FDR gives separating couples the chance to create their own solutions.

Instead of having decisions made for them, participants work together to shape solutions that fit their specific needs and circumstances.

An impartial mediator helps both sides communicate openly, express their views and explore practical options in a safe, structured environment.

These sessions can take place in person, online or by phone, making the process accessible for families across Australia.
 

The FDR process in Australia

While every case is unique, most FDR services in Australia follow a similar structured approach:

1. Initial intake session

Each party first meets individually with an accredited FDRP. During this private intake session, your FDRP gathers background information, screens for family violence or safety concerns, and explains how the process works.

This step ensures FDR is appropriate for your situation..

2. Agreement to participate

If both parties are assessed as suitable, the FDRP schedules a joint session. Before attending, both people must agree to participate in good faith, show respect throughout discussions, and make a genuine effort to reach an agreement. This is a key part of the FDR framework under the Act.

3. Joint session

During the joint session, your FDRP acts as an impartial facilitator, guiding the conversation and keeping discussions focused and productive.

The aim at this stage is to:

• Identify key issues
• Explore possible solutions
• Find common ground and narrow areas of disagreement

These sessions may cover parenting arrangements, financial responsibilities, or property settlements. Depending on the circumstances, FDR can take place in the same room, in separate rooms (known as shuttle mediation), or online.

4. Agreement

If you reach a consensus, your FDRP will summarise the outcomes in writing. You can then seek legal advice to formalise these arrangements as either:

• A Parenting Plan — a written record of agreed parenting arrangements (not legally binding), or
• A Consent Order — a legally enforceable agreement filed with the Court

For property or financial matters, your lawyer may prepare a Binding Financial Agreement or property/financial consent orders.

5. Certificate of Dispute Resolution

Once the FDR conference is completed, the Registrar or FDRP will complete a Certificate of Dispute Resolution. This document outlines:

• Whether the matter was fully or partially resolved
• Whether both parties attended
• Whether each person made a genuine effort to settle the dispute

This certificate must be provided to the Court if proceedings continue, confirming that both parties have met their obligations under the FDR process.
 

FAQs

Where are FDR sessions held?

FDR sessions can be held in person, online or by phone, depending on what best suits each party and the service provider. Most of these appointments are run through:

• Family Relationship Centres funded by the Australian Government
• Community organisations such as Relationships Australia
• Legal Aid Commissions, or
• Private mediators and lawyer-mediators

During the main session, mediation may occur:

• Jointly, with both parties in the same room or video call, or
• Separately, through shuttle mediation, with the practitioner moving between each person to maintain a calm and balanced discussion.

If your matter has already been filed in the Federal Circuit and Family Court of Australia, the Court may order court-based dispute resolution. These conferences are facilitated by Registrars or Court Child Experts, usually held at the Court or online.

How long does the FDR process take?

Dispute resolution usually takes between two and eight weeks, depending on the provider’s availability, the complexity of issues, and each party’s readiness to engage.

Some families reach agreement in just one or two sessions, especially when the issue is straightforward — like agreeing on a school or finalising a small property matter. Others, where there are multiple children, significant assets or higher levels of conflict, may need more sessions.

Delays can also occur if extra steps are needed, such as financial disclosure, property valuations, or obtaining independent legal advice. In most cases, however, FDR is still faster than going through the courts.

Is everything we discuss confidential?

Yes. What you say during FDR is generally confidential and cannot be used as evidence in court, as long as it is conducted by an accredited or court-authorised FDR practitioner.

Under section 10H of the Family Law Act 1975 (Cth), an FDR practitioner must not share or be forced to share what’s said during the session. This protection encourages open, honest discussion so both parties can focus on finding practical solutions.

There are, however, a few important exceptions. An FDR practitioner may need to disclose information if:

• There is a serious threat to someone’s life, health or safety
• There is a risk of child abuse or neglect
• They are otherwise legally required to report the information

In those cases, the practitioner must notify the appropriate authority, such as a child protection agency or the police.

Aside from these limited circumstances, FDR remains a safe, private space for separating couples to negotiate and resolve disputes respectfully and productively.

What if we can’t reach an agreement?

If you and the other party cannot reach an agreement through FDR, the practitioner may issue a section 60I certificate under the Family Law Act 1975 (Cth).

This certificate shows that you made a genuine attempt to resolve your dispute, or that FDR wasn’t appropriate or possible in your circumstances.

There are five types of section 60I certificates, depending on what occurred:

• The other party refused or failed to attend FDR.
• The practitioner decided FDR was not suitable, such as where there were safety or power-imbalance concerns.
• Both parties attended and made a genuine effort to resolve the dispute.
• One or both parties attended but did not make a genuine effort.
• FDR started but was discontinued because it became inappropriate to continue.

Once a certificate is issued, you can use it to apply to the Federal Circuit and Family Court of Australia for parenting or property orders if you still need formal arrangements in place.

At BDN Lawyers, we can help you interpret the type of certificate issued, explore further negotiation options, or prepare your court application if necessary.

What if the other party refuses to attend?

If the other person refuses or fails to attend FDR after being invited, the accredited practitioner can issue a section 60I certificate under the Family Law Act 1975 (Cth) confirming their non-attendance.

This certificate allows you to apply to the Federal Circuit and Family Court of Australia for parenting orders or financial/property orders without being disadvantaged by the other party’s refusal to participate.

Before issuing the certificate, the practitioner must make a genuine attempt to contact and invite the other party to attend. If they decline, ignore invitations or repeatedly delay, you can still move forward with your matter lawfully.

In some cases, exemptions may also apply. For example, if there are safety concerns, family violence, or urgent circumstances involving children. These situations are assessed individually to ensure everyone’s well-being and compliance with the law.

At BDN Lawyers, we’ll help you navigate the process, from obtaining the correct certificate and preparing court documents to advising whether an exemption applies. Our goal is to keep your matter progressing, even when the other party won’t engage.

When is a section 60I certificate not required?

You only need a section 60I certificate when applying to the Federal Circuit and Family Court of Australia for parenting orders.

Under section 60I(9) of the Family Law Act 1975 (Cth), there are several situations where an FDR certificate is not required because FDR would be unsafe or inappropriate. These exemptions include when:

• There is family violence or a risk of harm to a child.
• The matter is urgent, for example, where a child’s safety or welfare is immediately at risk.
• One party cannot effectively participate due to incapacity, mental health, or location.
• There is an active investigation of child abuse.
• A court order or intervention order prevents contact between the parties and does not include an exception for mediation.

FDR may also be bypassed in urgent financial cases, such as when property or assets risk being sold, transferred, or destroyed before a final settlement can be reached.

If you believe your situation meets one of these exemptions, it is important to obtain legal advice before applying to the Court. A family lawyer can help you confirm whether an exemption applies and prepare the affidavit and supporting documents the Court requires.

At BDN Lawyers, we regularly assist clients in identifying exemptions, ensuring that all applications are compliant so that you can progress your matter safely and efficiently.

Can my child take part in dispute resolution?

Children generally do not attend these sessions. However, in some cases, families can choose a child-inclusive FDR process. This approach helps parents understand their child’s experiences and priorities without involving them directly in adult discussions.

A qualified child consultant or family specialist meets privately with your child to talk about how they’re coping and what matters most to them. The consultant then provides feedback through the FDR practitioner so that parents can make more informed, child-focused decisions.

Not all FDR practitioners offer child-inclusive services, so it’s best to check with your Family Relationship Centre, accredited FDR practitioner, or mediator before beginning the process.

If your FDR is court-ordered, children will not take part directly. Instead, the Court may appoint a family consultant or child expert under the Family Law Act 1975 (Cth) to prepare a family report. This expert might observe the child with each parent or speak to them separately, and both parents must comply with any directions for this process.

You should never bring your child to mediation sessions or involve them in discussions about the dispute unless it has been agreed to by both parties and approved by the FDR practitioner.

Can lawyers attend family dispute resolution?

Yes. Lawyers can attend FDR to guide, support and advise their clients throughout the process. This is known as lawyer-inclusive FDR, where each party has their solicitor present during mediation.

Having your lawyer there ensures you understand your legal rights, your options, and the long-term impact of any agreement reached. Your lawyer can also play an important role before and after FDR by:

• Helping you prepare your key issues, evidence and documents
• Advising on negotiation strategy and likely legal outcomes
• Reviewing draft agreements to make sure they’re fair and enforceable
• Converting your agreement into Consent Orders or a Binding Financial Agreement so it’s legally recognised

Lawyer-inclusive FDR can be particularly helpful where there are complex property settlements, parenting disputes, or a power imbalance between parties.

At BDN Lawyers, we regularly represent clients in lawyer-inclusive FDR across Canberra and Queanbeyan, ensuring every agreement is informed, practical and legally sound.

How much does family dispute resolution cost?

The cost of FDR in Australia depends on several factors, including the service provider, the complexity of your situation, and the number of sessions required to reach an agreement.

Typically, there are three main types of services available:

• Family Relationship Centres – These government-funded centres often provide an initial session at low or no cost, with further sessions charged on a sliding scale based on income.
• Legal Aid Commissions – If you qualify for legal aid, some or all of your FDR costs may be covered under your grant of assistance.
• Private FDR practitioners or lawyer-mediators – Private services usually charge hourly or per-session rates, which can vary depending on the practitioner’s experience, location and the complexity of the issues involved.

While private mediation may involve higher upfront costs, it’s often more cost-effective than taking your matter to court.

At BDN Lawyers, we can help you understand your options, estimate likely costs, and determine whether you may be eligible for legal aid or government-funded services before starting the process.

Typically, each party pays their own share of the costs unless another arrangement is agreed upon.
 

Get dependable legal support with your divorce or de facto separation

FDR offers a structured and respectful way for separating couples to resolve disagreements about parenting, property and finances — without the stress, cost or delays of going to court. It focuses on collaboration, clear communication and outcomes that truly work for your family.

At BDN Lawyers, our experienced Family Lawyers in Canberra and Queanbeyan are here to guide you every step of the way. We’ll help you prepare for FDR, clarify your goals, and ensure any agreements reached are legally protected — whether through Consent Orders or a Binding Financial Agreement.

If mediation isn’t suitable in your circumstances, our team can also assist with court proceedings, legal representation, and alternative dispute-resolution options.

Take control of your next chapter. Contact BDN Lawyers today to start working towards a confident resolution for your family.