The basics

What is Family Dispute Resolution?

Family Dispute Resolution is a structured, professionally facilitated process that helps separating couples reach their own agreements on parenting and financial matters. It is conducted by an accredited practitioner under the Family Law Act 1975 and is confidential and inadmissible by statute. This page explains what FDR is, how it works in practice, and where it fits in the Australian family law system.

Time
Cost
FDR Online via this practice
Weeks
A fraction of litigation
Court Contested proceedings
18 to 36 months
Often six figures per party
Court figures reflect typical fully-litigated parenting or property matters from filing to final hearing. Costs vary with complexity.
What it actually is

A structured conversation, with a professional in the room.

Family Dispute Resolution is a form of mediation, specifically designed for separating couples dealing with parenting and financial matters. A trained, accredited practitioner facilitates structured conversations between both parties, helping them work through their situation and reach agreements they have made themselves.

The practitioner does not make decisions. They are not a judge, and nothing decided in FDR is imposed on either party. Their role is to create a structured space where both people can hear each other, understand each other's position, and work toward outcomes that both can live with.

Because the agreements come from both parties rather than being imposed by a court, they are generally more workable, more durable, and far less damaging to the ongoing relationship between former partners and co-parents.

"The agreements that come out of FDR are the ones the parties built themselves. They tend to last."

Over-the-shoulder view from the practitioner's desk: a laptop screen showing the two parties joined to a video session from separate locations, both wearing headphones.
How it works in practice

From first call to final agreement.

A typical FDR engagement runs in four stages. Timing varies with matter complexity, but most matters move from first call to written agreement in a matter of weeks rather than months.

1

Free discovery call

A discovery call with the practitioner to understand the matter, check whether FDR is appropriate, and answer your questions about the process.

2

Individual intake sessions

The practitioner meets with each party separately. This is where screening for safety, suitability, and willingness occurs. The matter does not proceed to joint sessions if it is not appropriate.

3

Joint sessions

Both parties join via Google Meet, from wherever they are. Shuttle mediation (parties in separate sessions seeing only the practitioner) is available where it is the safer or more productive approach.

4

Agreement or certificate

Where agreement is reached, it is documented as a Parenting Plan, the basis for Consent Orders, or a heads of agreement for financial matters. Where it is not, a Section 60I certificate is issued.

For the full process detail, see the How it works page.

FDR vs litigation

Why most couples choose FDR first.

Contested family law proceedings are slow, expensive, and adversarial by design. FDR is the opposite of all three. The comparison is not close.

Family Dispute Resolution

onlinefdr.com.au

Weeks, not years. Most matters are resolved in a matter of weeks from first contact.
You keep control. Both parties make the decisions. Nothing is imposed on you.
Confidential and inadmissible. What is said in FDR cannot be disclosed (s10H) and cannot be admitted as evidence in court (s10J), even if disclosed.
Significantly less costly. Costs a small share of what contested proceedings typically take from both parties.
Less damaging to ongoing relationships. Avoids the adversarial structure that often hardens positions and prolongs disputes.
Available nationally. Online, from wherever both parties are.
Contested court proceedings

Family Court litigation

18 to 36 months from filing to final hearing. Often longer for complex matters.
A judge makes decisions about your children and finances. You have limited control.
Court proceedings are on the public record. Not confidential.
Legal costs can typically reach tens of thousands of dollars per party.
Adversarial proceedings often harden positions and prolong conflict. Ongoing relationships are damaged.
Requires FDR to be attempted first in most parenting matters. Court is the last step, not the first.

Confidentiality and inadmissibility

FDR is protected by two distinct provisions of the Family Law Act. Together, they create a stronger protection for what is said in mediation than exists in almost any other formal process.

Confidentiality (section 10H) prevents the practitioner from disclosing what was said during FDR, with limited exceptions for child safety, threats to life, and similar matters. Parties agree contractually under our terms to maintain the same confidentiality. The practitioner cannot be compelled to give evidence about communications made in FDR.

Inadmissibility (section 10J) goes further. Even if confidentiality is breached and something is disclosed, that information cannot be admitted as evidence in court proceedings. This is unusual. Most professional confidentiality protects against disclosure but not against admissibility once disclosure occurs. FDR protects against both.

This matters because it means parties can speak frankly in FDR without worrying that what they say will be used against them later. The protection applies whether or not agreement is reached, and whether or not the matter ends up in court.

Who it is for

FDR works for most separating couples.

You do not need to be on good terms. You do not need to agree on everything before you start. You need to be willing to try.

Parents separating

Couples with children who need to work out parenting arrangements, responsibilities, and financial settlement. FDR is the step the law expects to be taken before applying for parenting orders.

Couples without children

Financial and property matters without parenting complexity. Often resolved efficiently when both parties arrive prepared and have completed pre-mediation disclosure.

Couples in different locations

Different cities, different states. Online FDR removes geography as a barrier. Both parties join via Google Meet from wherever they are.

High-conflict matters

FDR is not only for couples who get along. Shuttle mediation is available when parties need to remain separate. The process is designed to work even when direct communication has broken down.

Post-order matters

Couples who already have parenting orders but want to revisit arrangements as circumstances change. Where both parties agree to vary, FDR is a sensible path to new agreements without returning to court. Where one party seeks to vary without the other's agreement, the threshold for the court is higher.

De facto couples

De facto couples have substantially the same property and parenting rights as married couples. FDR applies equally. The process and outcomes are the same.

When FDR is not appropriate

Some situations require a different path.

FDR is not suitable in all circumstances. The safety of both parties and any children involved is assessed as part of the intake process. Where FDR is not appropriate, we will say so directly and point you toward the right support.

If you are not sure whether FDR is right for your situation, the free discovery call is the right starting point. A practitioner will assess your circumstances and be direct about whether this process is suitable.

Active family violence

Where one party is at genuine risk of harm from the other. Safety is assessed at intake. The Family Law Amendment Act 2024, in force from 10 June 2025, expanded the definition of family violence in section 4AB to expressly include economic and financial abuse. Exemptions from the FDR requirement may apply.

Child safety concerns

Where a child is at immediate risk. Court intervention may be required urgently. Contact police or child protection services in the first instance.

One party is unwilling to participate

FDR requires genuine participation from both parties. If one party refuses to engage, a certificate under section 60I(8)(a) may be issued reflecting non-attendance.

Urgent court matters

Where an application for urgent orders is required, such as a recovery order for a child who has been wrongfully taken. FDR exemptions apply in urgent situations.

A party lacks capacity to participate

Where mental health, substance use, or another condition means a party cannot genuinely engage with the process.

A father at an AFL match at the MCG with his young son leaning into him, the boy looking up at his dad while the father gazes thoughtfully into the middle distance.

Family Dispute Resolution is established in the Family Law Act 1975 (Cth). Accredited FDR Practitioners are registered with the Australian Government Attorney-General's Department under the Family Law (Family Dispute Resolution Practitioners) Regulations 2025, which commenced on 1 April 2025 and replaced the 2008 regulations.

Family Dispute Resolution sits within a structured legal framework that includes the Section 60I certificate requirement for parenting matters, the confidentiality and inadmissibility protections under sections 10H and 10J, and the practitioner's statutory obligations on screening, disclosure, and certificate issuance.

FDR and parenting matters

Before applying for parenting orders in the Federal Circuit and Family Court, a party must in most cases file a Section 60I certificate issued by an accredited FDR practitioner. This is a statutory requirement under section 60I of the Family Law Act. The certificate documents that a genuine attempt at FDR was made, or that there is a proper reason it could not be.

The requirement exists because Parliament determined that most parenting disputes should be resolved without a judge making decisions about families. FDR is the mechanism for that. Exemptions apply in cases involving family violence, child abuse, urgency, and certain other circumstances.

A father at the front door of a suburban home, releasing his young son to the boy's mother who kneels in the doorway to welcome him in. The boy carries a football and a small backpack.

FDR and financial matters

The Section 60I requirement is specific to parenting matters. For financial and property settlement, the Section 60I certificate does not apply. However, every initiating application requires a Genuine Steps Certificate under Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The Genuine Steps Certificate is signed by the party themselves and confirms compliance with the pre-action procedures, including a genuine attempt at dispute resolution. Where financial FDR is attempted with this practice, the practitioner provides a Letter of Attendance and Genuine Effort confirming the dates of attendance, the assessment of each party's effort, and the outcome. The letter is supporting evidence the party can attach to or refer to in their own Genuine Steps Certificate.

Financial FDR operates under the same statutory protections as parenting FDR. Confidentiality (section 10H) and inadmissibility (section 10J) both apply.

The Family Law Amendment Act 2024, which commenced on 10 June 2025, codified the four-step framework for property settlement directly into the Family Law Act and elevated the duty of full and frank financial disclosure from the court rules into the Act itself. As part of those changes, FDR practitioners have a statutory obligation under sections 71B, 90RI, and 90YJA to inform parties about their duty of disclosure, explain when it applies, and encourage compliance. This is built into our intake process for financial matters.

Who can conduct FDR

Not all mediators are Family Dispute Resolution Practitioners. FDR in the legal sense requires an accredited practitioner registered with the AGD. Only an accredited FDRP can issue a Section 60I certificate, and the confidentiality and inadmissibility protections under sections 10H and 10J apply specifically to FDR conducted by an accredited practitioner. Mediators without this accreditation may offer useful services, but they cannot provide the legal outcomes that family law requires.

For the named practitioner behind this practice, see the About page.

Common questions

Questions about FDR

The questions people most commonly ask before their first call.

FDR is a form of mediation, but not all mediation is FDR. Family Dispute Resolution is a specific legal term under the Family Law Act, conducted by an accredited practitioner registered with the AGD. Only an accredited FDRP can issue a Section 60I certificate, and the statutory confidentiality and inadmissibility protections under sections 10H and 10J apply specifically to FDR. A general mediator without this accreditation cannot provide the legal outcomes that family law requires.

Family counselling focuses on relationship dynamics, communication, and emotional adjustment, with a therapeutic goal. FDR is a structured dispute resolution process aimed at reaching practical agreements on parenting or financial matters. The two can be complementary, but they are different professions with different goals. FDR practitioners are accredited under the Family Law Act; family counsellors are accredited separately.

Yes. Online FDR is a recognised mode of conducting Family Dispute Resolution under the Family Law Act. The statutory protections and the certificate-issuing process apply equally whether the practitioner meets parties in person or via video conference. Online FDR is particularly useful for parties in different locations, for matters involving safety concerns where physical separation is preferred, and for parties who would otherwise face significant travel or scheduling barriers.

You do not need a lawyer to participate in FDR. Seeking legal advice before signing any agreement is sensible, so you understand what you are agreeing to. Lawyers do not typically attend FDR sessions. Their role is to advise, not to participate in the mediation itself.

Each party typically pays their own share of the FDR practitioner's fee. The precise arrangement is set out at intake. Government-funded FDR services are also available through Family Relationship Centres and not-for-profit providers; means-tested fees apply. The discovery call is the right place to discuss what makes sense for your circumstances.

They are different things. FDR is the process. A Parenting Plan is one of the documents that can come out of the process. A Parenting Plan is a written agreement between parents about parenting arrangements, signed and dated by both parents. It is not legally enforceable in the same way as a court order, but courts give it significant weight if a parenting matter later comes before them. The other typical FDR outputs are the basis for Consent Orders, a heads of agreement for financial matters, or a Section 60I certificate where no agreement was reached.

A history of family violence does not automatically make FDR inappropriate, but it does require careful assessment. The Family Law Amendment Act 2024, in force from 10 June 2025, expanded the definition of family violence in section 4AB to expressly include economic and financial abuse. Safety is evaluated as part of the intake process. Where genuine risk is identified, shuttle mediation or an exemption from the FDR requirement may apply. If you have concerns about your safety, raise them during the discovery call. Everything discussed is confidential.

Yes. Most couples with children need to resolve both parenting arrangements and financial settlement. These are typically addressed in separate sessions, since they involve different legal frameworks and different preparation requirements. Parenting is often addressed first, as the arrangements for children are usually the most pressing concern. Financial matters follow, or can run concurrently depending on the circumstances.

If agreement is not reached, parties can request a Section 60I certificate, which documents what occurred in the process. The certificate type reflects the practitioner's professional assessment of what happened, including whether each party attended and whether each made a genuine effort. The certificate allows the matter to proceed to court for parenting orders. Any agreements reached on particular issues during the process can be recorded separately, often in a Parenting Plan or heads of agreement.

Before you call a lawyer

Find out whether FDR is right for your situation.

A free discovery call with an accredited practitioner. No pressure, no commitment, no obligation to proceed.

Book your free discovery call Call (03) 9961 7544
Free • Confidential • No obligation • Available nationally