Practical considerations for family dispute resolution practitioners
This page contains general information for accredited family dispute resolution (FDR) practitioners about practical considerations when conducting FDR. It includes general practice information, including your obligations to the parties you are working with.
This page does not cover all of your obligations. You can find details of other obligations on the following pages:
We recommend you read all of these pages to understand everything you need to do to get accredited, stay accredited and conduct FDR in accordance with the Family Law Act 1975 and the Family Law (Family Dispute Resolution Practitioner) Regulations 2025 (the FDR Regulations).
Conflict of interest
Under the FDR Regulations, as an FDR practitioner, you have a conflict of interest if you:
have previously acted in a professional capacity for one or more of the people involved in the dispute (other than as an FDR practitioner, a family counsellor or arbitrator)
have had a previous commercial dealing with one or more of the people involved in the dispute
are a personal acquaintance of one or more of the people involved in the dispute.
In these situations, you may only provide FDR services if all of the following apply:
Each person involved in the FDR process agrees.
The previous professional dealing (if any) does not relate to any issue in the dispute.
The previous commercial dealing or acquaintance (if any) is not of a kind that could reasonably be expected to influence you in the provision of FDR services.
Practitioner registration number
When you meet the accreditation criteria under the FDR Regulations as an FDR practitioner, you will receive a unique registration number. This number is valid while you are providing FDR services and continue to meet the accreditation standards.
If your accreditation is suspended or cancelled, you may not use your registration number. No one else is allowed to use your registration number on your behalf.
If you are unable to locate your registration number, you can contact the Practitioner Accreditation Unit (the Unit) on 1800 025 255 or by email to fdrregistration@ag.gov.au to discuss access to your registration number. We will not provide registration numbers over the phone.
We discourage practitioners from including registration numbers in signature blocks or on websites.
Issuing a Section 60I certificate
You must use your registration number on section 60I certificates. It must be your current registration number at the time you provided the FDR service. This is regardless of whether you provided the FDR service in your role as independent provider or as an employee or representative of an organisation.
If a practitioner is unable to issue a certificate, for example because they have died, another accredited FDR practitioner may issue the certificate using their own registration number if they are comfortable doing so after reading the case notes.
Registration numbers issued pre-July 2022
The Family Dispute Resolution Register lists all accredited FDR practitioners. When the new Register was released on 1 July 2022, all previously accredited practitioners had to re-establish their accreditation through this new register. Once they did this, each practitioner received a new registration number. You should only use this new registration number.
As an FDR practitioner, you can access the self-management portal of the online FDR Register to find your registration number.
Contacting parties
Voice messages
Protecting a person’s privacy is critical in the effective delivery of FDR services. When experiencing difficulties making direct contact with a party, you should avoid leaving detailed messages that might breach a person’s privacy if accessed by another person. For example, when leaving a voicemail message, we recommend that you ask parties to ‘return the call and make an appointment’.
Contact in writing
You must attempt to contact a party at least twice, with at least one contact being in writing, before issuing a section 60I certificate on the basis of that party’s ‘refusal or failure to attend’. ‘In writing’ can include by email or text message (SMS). However, since you need to offer a reasonable choice of days and times for attendance at FDR and explain the consequences of not attending, you should consider the most appropriate way to convey that message.
Children’s involvement in the FDR process
It is possible for children to be included in some of the FDR process. This will be determined on a case-by-case basis in accordance with the age, maturity and capacity of the child. It will also depend on the circumstances of the parental dispute.
This form of FDR should only occur if an FDR practitioner (or other expert available) has appropriate skills and training in child-inclusive practice and child engagement.
You must comply with the laws in relation to child-related work in each state or territory in which you provide FDR services. This could mean obtaining a Working with Children Check or a national police check. You should check your requirements with relevant governing bodies.
The role of child consultants and FDR practitioners in child-inclusive FDR
There are variations of child-inclusive practice FDR models used in Australia. The main objective of child-inclusive practice is to allow for a child’s views, needs and preferences to be taken into consideration in the mediation process.
Generally, child-inclusive FDR requires the involvement of 2 skilled professionals:
- the FDR practitioner, who works with the parents to aid in the resolution of the dispute
- a specially trained child consultant, who meets with the child or children and provides parents with appropriate feedback, helping them to consider the best interests of the child.
Choice of FDR practitioners
If the parties involved in a dispute each approach different FDR practitioners and refuse to attend FDR with the other practitioner, it is a matter for the professional judgement of both FDR practitioners to determine how to proceed. For example, both practitioners may agree to be involved in aspects of the process, or one practitioner may co-ordinate the process and the other’s help only if needed.
Ultimately, if the parties cannot agree on how to conduct FDR, you may consider issuing a certificate stating that the other person ‘refused to attend.’ It may be that both practitioners issue a certificate to this effect.
Safety plans and managing for family violence
If you identify safety concerns before or during the FDR process, you should adopt a systematic approach to responding to the needs of parents and children.
You should link your screening and assessment to providing safety plans when you identify risk. Safety planning may include referrals to other relevant services. These could include:
specialised family violence support services
legal services for advice, for example, about personal protection orders and options for addressing parenting arrangements
therapeutic support services for affected parents and children
men’s behaviour change programs.
You can also make referrals for other support needs, such as housing, mental health and substance misuse.
You can find guidance on safety planning on the 1800RESPECT website.
FDR services must be provided within Australia
FDR services should only be provided within Australia. Provision of FDR services from outside of Australia does not fall within the jurisdiction of the FDR Regulations or the Family Law Act, and therefore would not satisfy family law requirements.
Property mediation
The requirement in section 60I of the Family Law Act 1975 to attempt FDR before applying to a family law court for parenting orders only applies to parenting matters.
Although you may wish to provide property mediation to families as an FDR practitioner (which may include spousal maintenance and child support issues), section 60I certificates should not be issued for those matters.
If you do provide property mediation, you should familiarise yourself with the Federal Circuit and Family Court of Australia’s Central Practice Direction (Family Law Case Management) in relation to the Court’s management of property disputes.
The Court has published a Genuine Steps Certificate that parties to financial proceedings need to file. It requires each party to confirm that they have made a genuine effort to resolve the issues in dispute by following pre-action procedures in the Family Circuit and Family Court of Australian (Family Law) Rules 2021.
The Genuine Steps Certificate is completed before initiating court proceedings. As an FDR practitioner, you are not expected to complete the certificate, but you may be asked questions about the detail in the certificate. We encourage you to know about and understand this certificate.
Including a support person in FDR
It is at your discretion as an FDR practitioner whether to include a support worker for a party. You should consider the individual circumstances. Having a support worker present should be negotiated with you before FDR starts, and each party to the dispute should agree to it before the session.
If the parties cannot agree to include a support person in the FDR session, the support person may provide support during breaks if needed.
If a specialised support person is needed to help a victim of family violence or a person with disability during the FDR session, consent of both parties may not be required.
You should be continually screening and assessing parties and all other people involved in the FDR session to recognise any power imbalances and safety risks. If a support person will be involved in the FDR session, you should screen and assess them to help you determine if it is suitable to proceed to FDR. However, you are not required to conduct a formal suitability assessment for support people.
You can exclude the support person from the FDR process at any time if you find they are disrupting or hindering the process.
Where and how you provide FDR services
Be mindful of your own safety when travelling to a location specified by a party. You should also consider your ability to ensure the safety and confidentiality of the party or parties. Only provide an FDR service from a residential address after reviewing all safety precautions, including having 2 accessible exits in case of emergencies.
When providing an FDR service over the phone or online, you should ask the party or parties to treat it the same as if the service was face to face. The only people present in the mediation should be the parties in dispute and approved support people.
Court ordered FDR - Certificate of Dispute Resolution
The Central Practice Direction – Family Law Case Management published by the Federal Circuit and Family Court of Australia (the Court) aims to minimise the impact of litigation on families and children by encouraging the early and focused resolution of parenting and financial family law disputes. It sets out the role of dispute resolution in the Court’s case management pathway, including ‘External Family Dispute Resolution’ which is done only by accredited FDR practitioners.
The Central Practice Direction and the Family Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules) only apply to matters where Court proceedings have started.
It is important to note that the Certificate of Dispute Resolution is not a substitute for a section 60I certificate issued before matters proceed to Court.
The Central Practice Direction does not override your obligations specified in the FDR Regulations. You still need to advise parties in dispute (among other things) that a court may take into account a ‘failure to attend’ section 60I certificate when they:
- determine whether to refer parties to further FDR under section 13C of the Family Law Act
- award costs against a party under section 117 of the Family Law Act.
To demonstrate to the Court that the parties attempted ‘External Family Dispute Resolution’, you need to complete the Court’s Certificate of Dispute Resolution. The parties in dispute or their lawyers will give you this.
Once completed, give the Certificate of Dispute Resolution to the applicant (the person who filed the request for final orders in the Court).
Any queries about the Court’s Certificate of Dispute Resolution or the operation of the Central Practice Direction – Family Law Case Management should be directed to the Court.
If a client makes a complaint
We do not investigate complaints about FDR practitioners.
For more information about your obligation to be covered by a complaints mechanism, go to Once you are accredited as a family dispute resolution practitioner.
Providing information about your complaints process
Before starting FDR, you must give parties information about how to make a complaint about your FDR service. Refer to section 21 of the FDR Regulations for details.
If you have not started FDR because you were unable to engage a party, you should make information about your complaints mechanism available on request of the parties.
Responding to complaints
You should make yourself available to receive feedback or complaints and be open to considering improving your services. If it is not possible or suitable for the complainant to contact you directly, they should follow your complaints handling process as outlined in the information that you provided to the parties at the beginning of the FDR process.
Resources for practitioners
Family Relationships Online website (FRO)
The Family Relationships Online website has information and downloadable brochures, including the Parenting orders handbook and information to help children understand separation. All of the resources are available for you to provide to your clients. Some brochures are available in other languages.
Practitioners are welcome to use the text in the information sheets when creating their own brochures.
Family Relationship Advice Line
The Family Relationship Advice Line (FRAL) can be contacted on 1800 050 321. This advice line also provides a free legal advice service. If you have any legal questions as an FDR practitioner about an aspect of the Family Law Act or the FDRP Regulations, you are welcome to call the FRAL and advise that you are an FDR practitioner seeking legal advice.
Legal Advice
We do not provide legal advice. Our Practitioner Accreditation Unit can provide general information that can help you in providing your FDR service. We encourage you to seek independent legal advice through the FRAL or a lawyer.
Family Law Pathways Network
The Family Law Pathways Network coordinates events and distributes relevant resources to support you to:
- work collaboratively
- maintain strong working relationships
- develop appropriate referral mechanisms across the broader family law system.
Networks operate in many regions across the country.
Family Law DOORS
Family Law Detection of Overall Risk Screen (DOORS) is a validated and standardised frontline screening tool and framework that has been developed for family law professionals (including FDR practitioners) to use to identify safety risks for clients across the family law system. The tool and framework are simple, practical and flexible to meet the varying needs of professionals, services and clients. While not mandatory, you may find the DOORS tool useful to use in your current practices.
To download a copy of the Family Law DOORS eBook, and for more information about the Family DOORS App, visit the Family DOORS website.
Contact details
Practitioner Accreditation Unit
1800 025 255
fdrregistration@ag.gov.au
Find out more about your obligations
Go to Obligations when conducting family dispute resolution for details of other things you need to do when conducting FDR.