When families go through separation, emotions can run higher than a toddler on red cordial.

But not every disagreement needs to end with a judge and a gavel.

Enter family dispute resolution—a practical and peaceful alternative to court.

This structured mediation process helps families resolve disputes around parenting, property, and finances in a calmer, child-focused way. And yes, it’s faster, cheaper, and significantly less dramatic than standing before a magistrate.

Key Takeaways

  • Family dispute resolution (FDR) is a legally recognised form of mediation for separating families.
  • It is often required before applying to court for parenting orders in Australia.
  • FDR is facilitated by an accredited professional who remains neutral.
  • Agreements made through FDR can later be made legally binding.
  • If FDR is unsuccessful, you may be issued a Section 60I certificate for court proceedings.

What Is Family Dispute Resolution?

Family dispute resolution is a structured form of mediation designed to help separated or separating families work through disputes, especially those involving children or property—without going to court.

It’s conducted by an accredited Family Dispute Resolution Practitioner (FDRP) who acts as a neutral party, ensuring discussions stay productive, respectful, and focused on the best outcomes (especially for the kids). It’s not therapy, but it can feel therapeutic simply by providing a safe and guided space to talk things through.

And don’t worry—you’re not required to bring incense, but a little openness goes a long way.

When Is FDR Required in Australia?

In most parenting cases, the Family Law Act 1975 requires parties to attempt family dispute resolution before applying to the court for parenting orders. This legal requirement aims to encourage families to find their own solutions—because let’s face it, no one knows your child like you do.

However, FDR may not be appropriate if:

  • There is evidence of family violence or abuse
  • One party cannot be located
  • The matter is urgent or time-sensitive
  • There are serious mental health concerns

In these cases, the requirement may be waived, but legal advice is strongly recommended.

How Does the FDR Process Work?

So, what does FDR actually look like? It’s not as mysterious as it sounds. Here’s a breakdown of how it typically unfolds:

Step-by-Step FDR Process

  1. Initial Intake Session
    • Each party meets privately with the FDR practitioner to assess readiness, safety, and goals.
  2. Joint Mediation Sessions
    • Can be face-to-face, online, or via “shuttle mediation” (where the parties are in separate rooms).
  3. Negotiation of Agreements
    • Discussions focus on workable solutions around parenting arrangements or property division.
  4. Parenting Plan or Written Agreement
    • If agreement is reached, it can be documented and later made legally binding if both parties wish.
  5. Section 60I Certificate
    • If no agreement is reached, this certificate allows parties to file for court proceedings.

Most sessions run for 2–3 hours and may take place over multiple days. It’s collaborative, not combative—which is already a win for everyone involved.

Top 5 Benefits of Family Dispute Resolution

When it comes to separating amicably (or as amicably as possible), FDR ticks a lot of boxes. Here’s why more Australian families are turning to it:

Listicle: 5 Reasons FDR Might Be Your Best Move

  1. Less Adversarial
    Say goodbye to “he said, she said” court showdowns. FDR promotes calm, respectful dialogue.
  2. Cost-Effective
    It’s a fraction of the cost of drawn-out court battles—more money for things that matter, like your kids or therapy chocolate.
  3. Faster Outcomes
    You won’t be waiting months for court dates. FDR can often start within weeks.
  4. Child-Focused
    Practitioners help ensure children’s best interests remain front and centre.
  5. Empowers Decision-Making
    You keep control of the outcomes, instead of a judge making decisions for your family.

How to Prepare for Family Dispute Resolution

Preparation isn’t just about documents—it’s about mindset. Here’s how to get ready:

  • Know what you want to discuss: List key issues like custody schedules, holidays, or financial arrangements.
  • Stay calm and open: It’s not about winning—it’s about resolving.
  • Put the children first: Decisions should reflect their wellbeing, not adult egos.
  • Seek legal advice: It’s wise to understand your rights before and after FDR sessions.

Bonus tip: bring water, patience, and perhaps a mantra if needed (“I am calm, I am capable, I will not bring up the blender again”).

FDR Is a Smarter Way to Separate

Family dispute resolution isn’t a magic fix—but it’s a powerful step towards a calmer, clearer path forward for separated families. Whether you’re sorting out a co-parenting schedule, dividing assets, or just need a civil conversation with a neutral referee, FDR can help.

If you’re ready to explore your options—or not sure whether FDR is right for your situation—speak to the experienced team at Testart Family Lawyers. They’ll guide you through the legal landscape with empathy, insight, and a sense of humour when it’s needed most.

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