If you are separating with children, there is a step most parents must take before anyone can file a parenting application: Family Dispute Resolution (FDR) — a structured mediation run by an accredited practitioner. Understanding what actually happens takes most of the fear out of it.
Is Mediation Compulsory Before Court?
For most parenting matters, yes. Under section 60I of the Family Law Act, the Federal Circuit and Family Court generally will not accept a parenting application unless you file a certificate from an accredited FDR practitioner showing that mediation was attempted or was not appropriate. Exceptions exist — including urgency, and where there has been family violence or child abuse — and an experienced practitioner will screen for these at intake.
What Happens at Family Mediation, Step by Step?
- Separate intake sessions. Each parent speaks privately with the practitioner first. This is where suitability and safety are assessed, and the process is explained.
- The joint session. Both parties meet with the practitioner — in the same room, in separate rooms ("shuttle" mediation), or by video. Each person sets out what matters to them; the practitioner keeps the discussion structured and focused on the children.
- Exploring options. The practitioner helps generate and test options: living arrangements, changeovers, holidays, schooling, communication. Nothing is imposed — the parents decide.
- Recording the agreement. Agreements can be written up as a parenting plan on the day, or turned into legally binding consent orders filed with the court afterwards.
What Is a Section 60I Certificate?
If mediation does not resolve the matter — or is not appropriate — the accredited practitioner can issue a section 60I certificate. The certificate states the outcome (for example, that both parties attended and made a genuine effort, or that one party refused to attend) and allows a parenting application to be filed. The type of certificate issued can matter later, so genuine participation is always in your interest.
How Should I Prepare?
- Focus on the children's routines and needs, not the history of the relationship
- Bring a realistic proposal — and know which parts are flexible
- Get legal advice before mediation, so you know what a court would consider reasonable
- Sleep on any agreement before signing consent orders — good practitioners encourage this
Why Mediate With a Lawyer-Mediator?
An FDR practitioner who is also a practising family law solicitor understands what the court would actually weigh, and what an agreement needs to say to be workable and enforceable. Shanthi Anandarajah is an Accredited Family Dispute Resolution Practitioner and conducts mediation in English and Tamil from our Parramatta family mediation practice.
Need a section 60I certificate — or just a better way through?
Book a confidential mediation intake. First consultation free. Call (02) 9633 3122.
General information only, not legal advice. Every family's situation is different — seek advice for your circumstances.
Need legal advice? James Papas Solicitors offers free first consultations for all Family Mediation matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Family Mediation services → or contact us today.