How does mediation work in family law?
In Australian family law, mediation — formally called family dispute resolution (FDR) — is a process where a neutral practitioner helps separated parents or partners try to reach agreement without going to court. For parenting disputes you usually must attempt it before you can apply to court. Here's how it works.
What mediation does
An accredited practitioner helps both people discuss the issues — parenting, and sometimes property — and work towards a practical agreement. It's less formal, cheaper and usually faster than court.
The section 60I certificate
For parenting matters you generally must attempt FDR first, and the practitioner can issue a section 60I certificate. You usually need that certificate before a court will accept a parenting application, unless an exception applies (such as urgency or family violence).
When it isn't required
Exceptions apply where there's family violence, risk to a child, or genuine urgency. In those cases you may be able to go straight to court — get advice about your situation.
Get help the easy way
Post your family law matter once on ORLA Connect and get matched with Victorian family firms who can guide you through mediation and their fees — privately, before you commit. Free and no obligation.
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When is mediation not required?
This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.