Family Dispute Resolution (mediation)

Family Dispute Resolution or ‘FDR’, is a type of mediation. It is a way that people can try to sort out their family law problems including arrangements for children without going to the Family Courts.

Unless an exception applies, you must try Family Dispute Resolution (mediation) before you can go to the Family Courts about your children.

Domestic and family violence is an exception to trying Family Dispute Resolution, but sometimes going straight to court may not be the best option for you.

Some people prefer to try Family Dispute Resolution even if there’s been domestic or family violence. If you’re worried about your safety, steps can be taken to make Family Dispute Resolution safe.

You can get get legal advice about what is best for you. See I have experienced domestic and family violence – do I have to go to Family Dispute Resolution?

Family Dispute Resolution is confidential and can be cheaper, faster and less stressful than going to the Family Courts. An independent mediator called a Family Dispute Resolution Practitioner will help you try to reach an agreement. See what does the mediator do?

There are many services that help with Family Dispute Resolution (mediation).

You may be able to get legal aid for a lawyer to help you at Family Dispute Resolution. You may be able to do family dispute resolution through Legal Aid. To find out if you are eligible for legal aid and how to apply, contact your local Legal Aid officeACTNSWNTQldSATasVicWA.

You can also do Family Dispute Resolution at a Family Relationship Centre. These are government-funded services that offer Family Dispute Resolution for free or at a low cost. They can also help with parenting programs and counselling.
To find a government-funded service, call the Family Relationship Advice Line on 1800 050 321 or use the search tool at www.familyrelationships.gov.au.

You can also pay a private Family Dispute Resolution Practitioner, you can find one through the Family Dispute Resolution Register.

If you are unsure about what to do or where to go for Family Dispute Resolution, get legal adviceACTNSWNTQldSATasVicWA.

They are a trained person who helps people discuss their family law problems to try to reach an agreement.

They don’t take sides, don’t tell you what to do and cannot give you legal advice. They do not decide who is right or who is telling the truth.

The Family Dispute Resolution Practitioner will not make a decision for you.

It is important to get legal adviceACTNSWNTQldSATasVicWA before doing Family Dispute Resolution.

A parent usually needs a certificate from a Family Dispute Resolution Practitioner (mediator) before they can go to the Family Courts about arrangements for their children. This is called a Section 60I Certificate.

The certificate will say one of the following things:

a parent refused to go to Family Dispute Resolution, or didn’t show up
a parent didn’t go to Family Dispute Resolution because the mediator decided that mediation was not appropriate (for example, because of domestic and family violence).
both parents went to Family Dispute Resolution and genuinely tried to reach an agreement, but they did not agree
one parent did not genuinely try to reach an agreement
both parents went to Family Dispute Resolution, but part way through the mediator decided the mediation was not appropriate.

There will be no extra details about why the certificate was given. Only a mediator who is an accredited Family Dispute Resolution Practitioner can give a certificate.

The certificate will say one of the following things:

a parent refused to go to Family Dispute Resolution, or didn’t show up
a parent didn’t go to Family Dispute Resolution because the mediator decided that mediation was not appropriate (for example, because of domestic and family violence).
both parents went to Family Dispute Resolution and genuinely tried to reach an agreement, but they did not agree
one parent did not genuinely try to reach an agreement
both parents went to Family Dispute Resolution, but part way through the mediator decided the mediation was not appropriate.

There will be no extra details about why the certificate was given. Only a mediator who is an accredited Family Dispute Resolution Practitioner can give a certificate.

Always get legal adviceACTNSWNTQldSATasVicWA before doing Family Dispute Resolution (mediation).
You may be able to get legal aid for a lawyer to help you at Family Dispute Resolution. To find out if you are eligible for legal aid, and how to apply, contact your local Legal Aid officeACTNSWNTQldSATasVicWA or Family Advocacy and Support Service.
If you have experienced domestic and family violence let the mediation service know and give them a copy of any Domestic Violence Orders. Arrangements can be made to make sure the Family Dispute Resolution is safe. See how can Family Dispute Resolution be made safer?

For tips on preparing for Family Dispute Resolution, see resources.

Always get legal adviceACTNSWNTQldSATasVicWA before doing Family Dispute Resolution (mediation).
You may be able to get legal aid for a lawyer to help you at Family Dispute Resolution. To find out if you are eligible for legal aid, and how to apply, contact your local Legal Aid officeACTNSWNTQldSATasVicWA or Family Advocacy and Support Service.
If you have experienced domestic and family violence let the mediation service know and give them a copy of any Domestic Violence Orders. Arrangements can be made to make sure the Family Dispute Resolution is safe. See how can Family Dispute Resolution be made safer?

For tips on preparing for Family Dispute Resolution, see resources.

Family Court of Western Australia – Family Dispute Resolution