Family Mediation FAQs

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No, all services are provided via phone or video conferencing. 

FDR is voluntary, however if a participant decides not to participate a 60i certificate might be issued stating their non-attendance [see further information below].   

An attempt at FDR is compulsory under the Family Law Act before applying to a family law court for parenting orders.  There are exemptions to this requirement > See 'Resources' Information Pack. 

An FDR practitioner is an independent person trained in mediation and negotiation and  specialising in family disputes. They are neutral and don’t take sides with any of the parties involved in the mediation.   

 Everything you say in front of an FDR practitioner is confidential – except in certain circumstances, such as to prevent a serious threat to someone’s life or health or the commission of a crime. What is said during FDR cannot be used as evidence in court. 

A copy of the ADVO must be provided to the mediator, prior to the intake appointment. Suitability for mediation depends on the conditions of the ADVO and the family's situation.  

The FDR practitioner will assess if FDR is suitable for the family situation during the intake appointment. The assessment considers issues such as family violence, safety, equality of bargaining power, risks to children, the emotional and psychological health of participants and any other issues that they think may make FDR unsuitable. 

 It’s important that you feel safe, and are safe before, during and after FDR. If you have concerns  about your safety or the safety of your children, you should tell your FDRP as soon as possible.  This may mean that FDR stops or does not proceed. However, if the parties agree, they can  participate in FDR without being in the same room. There is no requirement to undertake FDR if there has been family violence or child abuse. 

 If a party decides not to participate in mediation or if the mediation is not successful for whatever reason, a 60I certificate can be issued to allow an application to be made to a family  law court. A 60I certificate can also be issued if FDR is not appropriate for the particular situation.  

 FDR is commonly only between the parents or relevant family members. However, some models of mediation can be ‘child-inclusive’, with a child consultant that talks with the children and provides the child’s views back to the parents during the mediation. Child-inclusive mediation remains at the discretion of the FDRP.   

A parenting plan is a written record of an agreement between the parents about the care of the children that is also signed and dated. However, it is not a legally enforceable agreement. There is no required format for a parenting plan. Making a parenting plan is cheaper and less stressful than going to court for a parenting order.