Family Dispute Resolution
Family dispute resolution (FDR) helps people affected, or likely to be affected, by separation or divorce. An FDR practitioner helps them resolve some or all of their disputes with each other.
If a family is affected by separation and has a dispute about the care of children, the law requires them to make a genuine effort to sort it out through FDR before filing an application for parenting orders in court.
In some situations, families can be exempt from needing to do FDR. These include situations involving family violence or child abuse or that need to be resolved urgently.
If no exemption applies, families will need to file a certificate from an FDR practitioner in order to have a parenting matter determined by a family law court. The certificate is issued under section 60I of the Family Law Act 1975 (or section 66H of the Family Court Act 1997 (WA)) and is commonly known as a Section 60I Certificate.
An FDR practitioner can also help separating and separated families agree on arrangements for their property without going to court.
FDR is confidential and is not admissible under the Family Law Act, which means it cannot be used as evidence in court. This only applies if we have accredited the FDR practitioner or they are authorised by a court. Any other form of mediation is not protected under the Family Law Act.