Showing up to Family Dispute Resolution is not enough. Australian law requires both parents to make a genuine effort to resolve their parenting dispute, and the practitioner conducting the session is the one who decides whether each party did. The type of certificate the practitioner issues at the end can affect what happens next in court.
This is one of the most misunderstood parts of the Family Dispute Resolution process. Many parents arrive thinking that attending the session, sitting in the room, and letting the time run out is the whole obligation. It is not. What follows explains what genuine effort actually means, what falls short of it, and why the practitioner's assessment matters.
What does 'genuine effort' mean?
The Attorney-General's Department defines genuine effort as a real, honest attempt to resolve the issues in dispute. It must be more than a superficial or token effort, more than going through the motions, and more than pretence. The effort must be realistically directed at resolving the issues.
Importantly, genuine effort does not mean reaching agreement. Two parents can make a genuine effort and still not agree, and the practitioner will issue a certificate that reflects that both attended and both made the effort. Disagreement after honest negotiation is a legitimate outcome of Family Dispute Resolution. What genuine effort does require is that each party engages with the issues, considers the other party's position, and is open to movement where movement is reasonable. A fixed refusal to consider any change in position from the moment the session begins is not a genuine effort, even if the party attends every minute of the scheduled time.
The test is honesty of engagement, not flexibility of outcome. A parent who genuinely believes a particular arrangement is right for their child can hold that position firmly and still make a genuine effort, provided they have listened, considered the alternatives offered, and explained their reasoning. The same parent attending the session purely to obtain a certificate, with no intention of considering anything the other party says, has not.
What does not count as a genuine effort?
A genuine effort is not present where a party attends but refuses to engage with the dispute. Examples include a parent who will not state their position, who arrives with a fixed demand and refuses any alternative, or who uses the session to attack the other party.
A parent who attends physically but disengages emotionally and intellectually for the duration of the session is also not making a genuine effort. Nor is a parent who attends Family Dispute Resolution only to obtain a certificate they intend to use in court, with no intention of considering any outcome other than the one they have already decided on. The fact that they sat in the room and answered some questions does not transform a tactical exercise into an honest attempt at resolution.
It is worth being clear about what is not on this list. A parent who is upset, who finds the process difficult, who needs breaks, or who struggles to articulate their position is not failing to make a genuine effort. Emotion is a normal part of Family Dispute Resolution and the practitioner is trained to work with it. The question is honesty of engagement, not poise or articulacy.
Who decides whether a party made a genuine effort?
The accredited Family Dispute Resolution Practitioner conducting the session decides. This is a matter of professional judgement and one of the most significant functions an accredited practitioner performs. The practitioner is the only neutral observer in the room and has heard both sides.
The Family Law Act 1975 does not set out a checklist for the practitioner to apply. It leaves the assessment to the practitioner's professional judgement, informed by what genuine effort means in the ordinary sense of the words and by the practitioner's training and experience. This is why accredited practitioners are required to hold specific qualifications and to be registered with the Attorney-General's Department. The certificate is not a formality. It carries the practitioner's professional assessment of how the session was conducted.
A practitioner will not issue a certificate that misrepresents what happened in the session. If both parties genuinely engaged but could not agree, the certificate will say so. If one party did not engage, the certificate will record that. The practitioner's name and accreditation number appear on the certificate, and the assessment they make is one they stand behind professionally.
What are the different certificate types?
Section 60I(8) of the Family Law Act 1975 sets out five types of certificate, each documenting a different outcome of the Family Dispute Resolution process. The type a practitioner issues depends on whether both parties attended, whether Family Dispute Resolution was suitable, and whether each party made a genuine effort.
The five types are: (a) the other party did not attend due to their refusal or failure to attend; (aa) the practitioner assessed that Family Dispute Resolution would not be appropriate and did not conduct it; (b) all parties attended and all made a genuine effort; (c) all parties attended but one or more did not make a genuine effort; and (d) Family Dispute Resolution began but the practitioner assessed it inappropriate to continue.
The type of certificate matters. The (a) certificate identifies which party refused or failed to attend. The (b) certificate is the cleanest outcome where agreement could not be reached: it tells the court both parents tried in good faith. The (c) certificate identifies that one or more attendees did not make a genuine effort and, by inference, who. The (d) certificate signals that the practitioner formed a view during the session that continuing would not be appropriate, often because of safety concerns or behaviour that emerged once Family Dispute Resolution was underway.
Practitioners cannot revoke certificates once issued. Neither the Family Law Act nor the regulations allow for revocation. This is one of the reasons the practitioner's assessment must be careful and accurate at the point of issue.
How does the certificate type affect court proceedings?
Section 60I(7) of the Family Law Act notes that a court can take the kind of certificate into account in two ways: in deciding whether to refer the parties to further Family Dispute Resolution under section 13C, and in determining whether to award costs against a party under section 114UB.
The certificate is not evidence of what was said in the session, and it cannot be used to prove the substance of any party's position. But the type of certificate the court receives can affect both the path of the proceedings and the financial consequences. In practice, a parent who files a (c) certificate has flagged to the court that the failure to resolve the matter was attributable, at least in part, to the other party's lack of genuine effort. The court can take that into account in deciding whether further dispute resolution is likely to be productive and in determining costs. A parent who has been responsible for a (c) certificate cannot assume the court will overlook that conduct. Section 114UB exists for a reason.
This does not mean a (c) certificate guarantees a costs order or a particular case management outcome. Courts retain discretion. But the type of certificate is a piece of professional assessment from an accredited practitioner that the court is statutorily directed to consider, and parents should approach Family Dispute Resolution understanding that.
What is the practitioner's role during the session?
The accredited practitioner conducts the session and monitors how each party engages. They guide the conversation, manage emotional moments, and help each party shape and reality-check the proposals they put to each other. They will intervene where one party's conduct is undermining the process.
This means a party who has had a difficult moment during the session is not in immediate jeopardy of a (c) certificate. Practitioners understand that Family Dispute Resolution is emotionally demanding and that engagement is not linear. The assessment looks at the overall conduct of the party across the session, not at isolated moments.
It also means a party who is genuinely committed to making the process work has a partner in the practitioner. The practitioner's interest is in helping both parents find a workable outcome for their children. Parents who arrive prepared, willing to listen, and open to considering alternatives will find the practitioner working with them throughout. To learn more about how the process works in practice, see how it works.
How should I approach Family Dispute Resolution to make a genuine effort?
The most useful preparation is to think clearly about what you want for your child and why. A parent who arrives with a clear sense of their priorities, and the reasoning behind them, can listen to the other party without feeling that listening means giving in.
It also helps to come with the willingness to consider alternatives. This does not mean abandoning what you believe is right. It means being able to articulate why an alternative would not work, and being open to combinations or compromises you had not thought of. Many parents arrive at Family Dispute Resolution with one solution in mind and leave with a different one that works better for everyone, including the children. That outcome is only possible if both parents arrive willing to consider it.
The final piece is honesty about the process itself. Family Dispute Resolution works because the parties bring honest accounts of what is happening and what they need. A parent who comes prepared to mislead the practitioner or the other party about the children, the household, or their own intentions is not making a genuine effort, regardless of how engaged they appear on the surface. Honesty is the foundation that genuine effort sits on top of. For more on what the certificate itself does, see Section 60I certificates.
A practical note
Family Dispute Resolution is not a courtroom and it is not a negotiation across enemy lines. It is a structured conversation between two parents about their child, conducted by an accredited practitioner whose job is to help them reach a workable arrangement. Genuine effort is what makes it work.
If you are preparing for Family Dispute Resolution and want to discuss how the process will work in your matter, book a free discovery call to talk it through.
This article is general information only and does not constitute legal advice. For advice about your specific circumstances, please consult a family lawyer or accredited Family Dispute Resolution Practitioner.