Family law mediation Australia explained — section 60I, the FDR process, costs, and when mediation actually works

At a glance — family law mediation in Australia 2026

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What is family law mediation in Australia 2026?

Family law mediation in Australia is structured negotiation between separating couples facilitated by an accredited Family Dispute Resolution Practitioner (FDRP) — typically used to resolve parenting arrangements, property matters, or both without going to court. For parenting matters, section 60I of the Family Law Act 1975 (Cth) requires Family Dispute Resolution (FDR) before initiating court proceedings, with limited exceptions for family violence, urgency, and other defined circumstances. The FDRP issues a section 60I certificate confirming that FDR has been attempted or has not been appropriate, which is required to file most parenting applications in the Federal Circuit and Family Court of Australia. Mediation can be accessed through government-subsidised Family Relationship Centres (often free or low-cost) or through private FDR practitioners ($2,500-$7,000 total typically). For property matters, mediation isn't legally required but is commonly used because mediated outcomes typically cost a fraction of litigation. At Fogarty Oliver Rothschild, mediation is coordinated as part of the broader family law service, with lawyer attendance at mediation where appropriate. This guide is for separating couples considering or required to attend mediation.

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What is section 60I and why does it matter?

Section 60I of the Family Law Act 1975 establishes a "pre-court" requirement for most parenting matters.

The requirement:

Before filing a parenting application in the Federal Circuit and Family Court, you must:

• Make a genuine effort to resolve the dispute through Family Dispute Resolution, OR
• Obtain a section 60I certificate from an accredited FDRP confirming that FDR has been attempted unsuccessfully, has been refused by the other party, or wasn't appropriate

Section 60I certificate types:

The FDRP issues one of several certificates depending on the outcome:

• (a) FDR not appropriate — the FDRP considered FDR inappropriate (e.g. family violence)
• (b) Other party did not attend — the other party refused or failed to attend
• (c) Parties attended but did not make genuine effort — one or both parties did not engage in good faith
• (d) FDR commenced but did not continue — FDR commenced but didn't conclude
• (e) FDR attended but matter not resolved — FDR attended and concluded but no full agreement reached

The certificate type matters for court purposes. A certificate alone allows the application to proceed; the certificate type may affect the court's view of the parties' good faith.

Exceptions to section 60I:

The court may proceed without a section 60I certificate where:

• Family violence is alleged
• Urgent risk to the child
• Risk of removal of the child from Australia
• Allegations of child abuse
• One party has been physically unable to attend
• Some other defined circumstances under section 60I(9)

The exceptions are real but narrowly construed. Most parenting matters require a section 60I certificate.

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What does mediation actually involve?

The mediation process varies by FDRP and matter, but typically follows this pattern:

Step 1 — Intake (each party separately)

The FDRP meets with each party individually to:

• Assess suitability for mediation
• Identify family violence or safety concerns
• Understand each party's position
• Explain the process
• Determine the appropriate mediation format

Step 2 — Joint session (or shuttle mediation)

The format depends on safety and dynamics:

• Joint session — both parties in the same room with the FDRP. Standard format.
• Shuttle mediation — parties in separate rooms; FDRP shuttles between them. Used where direct interaction isn't safe or productive.
• Remote mediation — video conference. Increasingly common and viable.
• Lawyer-assisted mediation — each party's lawyer attends with the FDRP and the parties.

Step 3 — Discussion and proposals

The FDRP facilitates discussion of:

• Each party's position and underlying interests
• Children's needs (for parenting matters)
• Financial information (for property matters)
• Possible options and outcomes
• Practical implementation

Step 4 — Documentation

If agreement is reached, the FDRP typically:

• Drafts a parenting plan (for parenting matters)
• Drafts heads of agreement (for property matters)
• Issues a section 60I certificate if applicable

Step 5 — Legal formalisation

The mediated outcome is then converted into legally binding form:

• Parenting plan signed by both parents (or converted to consent orders)
• Property heads of agreement converted to consent orders or BFA
• Lawyer-assisted: typically done same-day or shortly after

Typical duration: 1-3 sessions, 2-4 hours per session. Some matters resolve in a single session; others take longer.

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What does mediation cost?

The cost varies substantially by provider and structure.

Government-subsidised mediation — Family Relationship Centres

Family Relationship Centres (FRCs) are a network of government-subsidised mediation services.

• Cost: Free for the first 3 hours; income-tested fees beyond that (typically $5-$80 per hour)
• Wait times: Can be longer than private — weeks to months for initial assessment
• Accessibility: Located across Australia; remote services available
• Best for: Standard parenting matters; clients prioritising cost over speed

Private FDR practitioners

Independent accredited FDRPs.

• Cost: $2,500-$7,000 total typically, split between parties
• Per session: $400-$1,500 per session typical
• Pre-mediation intake: Often charged separately ($200-$500 per party)
• Wait times: Shorter than FRCs — typically weeks
• Best for: Time-pressured matters; complex matters benefiting from specialist FDRP

Lawyer-assisted mediation

Each party's lawyer attends the mediation alongside the FDRP.

• Cost: Add legal fees on top of FDRP fees. For our matters, typically $1,500-$4,000 per party for mediation attendance (depending on duration and preparation required)
• Benefit: Immediate legal advice during the mediation; faster formalisation of outcomes
• Best for: Complex matters; high-conflict matters; matters with substantial property issues

Specialist mediation models

• Property-focused mediation with property-experienced FDRP — often combined with single joint valuations and forensic accounting input
• Family violence-aware mediation — modified formats appropriate for matters with family violence considerations
• Child-inclusive mediation — child consultant participation where appropriate
• Religious mediation — Beth Din arbitration for Jewish families who choose religious resolution

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When does mediation actually work?

Mediation is more likely to succeed in some circumstances than others.

Mediation typically works well when:

• Both parties accept the relationship has ended and want resolution
• There's a baseline of trust or at least functional communication
• The matter is bounded (clear issues, not constantly expanding)
• Children's interests are a shared focus (for parenting matters)
• Financial disclosure has been made or is about to be
• Neither party is positioning purely for litigation advantage
• The power differential between parties isn't overwhelming

Mediation typically struggles when:

• One party is in denial about the relationship ending
• Substantial family violence has occurred or is ongoing
• One party is hiding assets or hasn't disclosed
• One party is using the process to delay
• There's substantial mental health, substance use, or capacity issues affecting one party
• The parties' interests are genuinely irreconcilable

The "honest assessment" framework:

Some matters need litigation. Mediation isn't always the answer. Senior-lawyer assessment at consultation identifies whether mediation is likely to be productive in your specific matter, or whether the time and cost would be better directed to other resolution pathways.

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What about mediation for property matters?

Property mediation isn't legally required (unlike parenting matters) but is commonly used.

Why property mediation works:

• Cheaper than litigation by an order of magnitude
• Faster than litigation (weeks vs years)
• Outcomes typically formalised as consent orders
• Stamp duty exemption under section 44 of the Duties Act 2000 (Vic) applies to transfers under consent orders
• Both parties retain control of the outcome

Property mediation models:

• Lawyer-assisted mediation — most common for property matters; each party has their lawyer attend
• Single joint valuations before mediation — agreed valuations of major assets streamline the process
• Specialist property FDRP — practitioners experienced in business and trust matters

When property mediation typically succeeds:

• Both parties have made full financial disclosure
• The asset structure is reasonably clear (or can be made clear with valuation work)
• Both parties have realistic expectations about the property settlement range
• Both parties' lawyers have given consistent advice about likely outcomes

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What about Beth Din arbitration?

For Jewish couples, Beth Din arbitration is a religious alternative to mediation that can resolve property and (in some cases) parenting matters under Halacha (Jewish law).

How Beth Din arbitration works:

• Both parties agree to have their dispute determined by the Beth Din
• The Beth Din panel (typically three rabbinical judges) hears the matter
• Decision rendered under Halachic principles
• For Australian law purposes, the Beth Din decision can be incorporated into consent orders or formalised through a BFA

Coordination with Australian law:

Beth Din arbitration alone doesn't have the legal status of Australian court orders. To be enforceable in Australian law:

• The Beth Din decision is incorporated into consent orders or BFA
• The civil and religious dimensions are coordinated
• Both parties get independent legal advice on the Australian law dimensions

Fogarty Oliver Rothschild handles this coordination as part of the Jewish family law practice.

See Family Lawyer Caulfield North for Jewish family law specialty →

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What happens after mediation?

The outcome depends on what was agreed (or wasn't).

Full agreement reached:

• Parenting plan signed (for parenting matters)
• Heads of agreement signed (for property matters)
• Conversion to consent orders or BFA
• Section 44 Duties Act 2000 (Vic) stamp duty exemption coordinated for property transfers
• Family law matter resolved without court

Partial agreement reached:

• Agreed issues documented in parenting plan, consent orders, or BFA
• Outstanding issues either deferred (subject to review) or escalated to court
• Section 60I certificate type reflects partial outcome

No agreement reached:

• Section 60I certificate type (c), (d), or (e) issued
• Matter proceeds to court
• The mediated discussions are confidential and not admissible in court (with specific exceptions)
• Mediation can be re-attempted later in the proceedings if appropriate

Mediation confidentiality:

What's discussed in mediation is generally confidential and inadmissible in court under section 10E of the Family Law Act 1975. Exceptions apply for child safety disclosures, admissions of criminal conduct, and other defined circumstances. The confidentiality protection encourages frank discussion.

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What does Fogarty Oliver Rothschild charge for mediation work?

Mediation-related work is structured around the matter type.

See full pricing → Fixed-fee packages

FDRP fees: Separate from our legal fees. Payable directly to the FDRP or FRC. Typically split between parties.

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What goes wrong with mediation?

The mediation that produced an unsigned agreement. A 2024 matter where mediation reached substantial agreement on property division. The FDRP drafted heads of agreement; both parties were going to sign within the week. Before signing, the husband received different advice from a new lawyer and renegotiated. The mediated outcome unravelled. The matter proceeded to court. Lesson: mediation outcomes need to be formalised quickly — same-day documentation where possible, or within days. Lawyer-assisted mediation reduces this risk.

The mediation that shouldn't have been mediated. A 2024 matter where mediation was attempted despite substantial family violence concerns. The FDRP recommended against proceeding; the parties pressed ahead. The wife felt unable to advocate for herself in mediation. The "agreement" reached substantially undercompensated her. Set-aside proceedings followed. Section 60I has exceptions for a reason — family violence is one of them.

The mediation without full disclosure. A 2024 matter where mediation reached agreement based on the husband's representation that his business was worth $200K. Subpoenas in subsequent proceedings (after the husband withdrew from the mediated agreement) revealed the business was worth $1.5M. The wife had been mediating on incomplete information. Disclosure obligations precede meaningful mediation.

(Client names withheld. Identifying details modified.)

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Frequently asked questions

What is family law mediation in Australia?

Family law mediation is structured negotiation facilitated by an accredited Family Dispute Resolution Practitioner (FDRP) — used to resolve parenting and property matters without court. For parenting matters, section 60I of the Family Law Act 1975 requires mediation before court proceedings (with limited exceptions).

Do I have to attend mediation?

For most parenting matters before court, yes — under section 60I. Exceptions apply for family violence, urgency, child abuse risk, and other defined circumstances. For property matters, mediation isn't legally required but is commonly used.

What's a section 60I certificate?

A certificate from an accredited Family Dispute Resolution Practitioner confirming that FDR has been attempted or wasn't appropriate. Required to file most parenting court applications. Certificate types reflect the outcome (e.g. no genuine effort, FDR not appropriate, agreement not reached).

How much does mediation cost?

Government-subsidised mediation through Family Relationship Centres is free or low-cost. Private FDR practitioners $2,500-$7,000 total (split between parties). Lawyer-assisted mediation adds legal fees ($1,500-$4,000 per party for attendance).

Does mediation actually work?

A substantial proportion of mediated matters reach full or partial agreement. Mediation typically works well when both parties accept the relationship has ended, there's functional communication, financial disclosure has been made, and the power differential isn't overwhelming.

What if my partner won't attend mediation?

If the other party refuses to attend, the FDRP issues a section 60I certificate type (b) (other party did not attend). This allows the application to proceed to court. Refusal to attend may also affect the court's view of the refusing party's good faith.

What about Beth Din arbitration for Jewish couples?

Beth Din arbitration is a religious alternative under Halacha. For Australian law purposes, the Beth Din decision is incorporated into consent orders or formalised through a BFA. Fogarty Oliver Rothschild handles this coordination as part of the Jewish family law practice.

Is mediation confidential?

Generally yes, under section 10E of the Family Law Act 1975. Exceptions apply for child safety disclosures, admissions of criminal conduct, and other defined circumstances. Confidentiality encourages frank discussion.

Can a lawyer attend mediation with me?

Yes — this is called lawyer-assisted mediation. Each party's lawyer attends alongside the FDRP and the parties. Common in property matters and high-conflict parenting matters.

Should I sign anything at mediation?

Lawyer-assisted mediation allows same-day legal review and formalisation. Mediation without lawyers should produce drafted heads of agreement that you then take to your own lawyer for review before signing legally binding documents.

What happens if mediation fails?

The FDRP issues a section 60I certificate (for parenting matters) and the matter proceeds to court if either party chooses. Mediated discussions are generally confidential and not admissible in court.

Can we re-attempt mediation later?

Yes. Mediation can be re-attempted at any stage. Some matters benefit from re-mediation after some time, after court proceedings have surfaced new information, or after the parties' positions have evolved.

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Ready to discuss mediation for your family law matter?

The first 30 minutes are free.

📞 Call 0480 031 704

📧 elisa@fogartyoliverandrothschild.com.au

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