Most family law matters in Australia are resolved around a table, not in a courtroom — and the law actively pushes you there first. For parenting disputes you usually have to genuinely attempt family dispute resolution before you can go to court at all. Done well, mediation is faster, cheaper and far less damaging to a co-parenting relationship than litigation. My role is to prepare you properly, so you walk in clear about what you want and what is realistic — and able to recognise a fair offer when it is on the table.
The section 60I certificate: the gate before parenting court
Before you can apply to the Court for parenting orders, section 60I of the Family Law Act 1975 (Cth) generally requires you to make a genuine effort to resolve the dispute through family dispute resolution (FDR) with an accredited practitioner, and to obtain a section 60I certificate. There are important exceptions — including family violence, child abuse, urgency, or where a party is unable to participate effectively — and recognising whether an exception applies to you is part of the early advice.
The certificate is not a box-ticking exercise. A well-prepared FDR is often where the whole dispute resolves, which means you never need the courtroom at all.
Mediation for property as well as parenting
Mediation is not only for parenting. Property settlements are very commonly resolved through lawyer-assisted mediation or a shuttle conference, where each party sits with their own lawyer and a neutral mediator moves between rooms. Once terms are agreed, they are formalised as consent orders or a Binding Financial Agreement so they are legally enforceable.
A negotiated or mediated property outcome is typically a fraction of the cost of a contested final hearing — which is why I treat court as the last resort, not the first move.
How I prepare you so mediation actually works
Mediation fails when people arrive unprepared — unclear on the realistic range, missing financial disclosure, or anchored to a number that no court would order. I map out the likely outcome range first, make sure disclosure is complete, and help you frame offers strategically so the day has the best possible chance of resolving.
I am also honest about when mediation is not appropriate. Where there is family violence, a serious power imbalance, or a party who will not engage, pushing mediation can do harm — and in those cases the section 60I exceptions and a different path are the right call.
How I handle a family dispute resolution & mediation matter
- 1Free initial conversation about your dispute and whether FDR is required
- 2Advice on the section 60I certificate and any exceptions that apply
- 3Mapping of the realistic outcome range before you mediate
- 4Preparation of disclosure and a clear offer strategy for the day
- 5Formalising any agreement reached as consent orders or a financial agreement
Frequently asked questions
What is a section 60I certificate?
A section 60I certificate is a certificate issued by an accredited family dispute resolution practitioner under the Family Law Act 1975 (Cth), confirming that parties attempted (or were not suited to) family dispute resolution. You generally need one before applying to the Court for parenting orders, unless an exception such as family violence or urgency applies.
Do I have to try mediation before going to court?
For parenting disputes in Australia, yes in most cases — section 60I of the Family Law Act 1975 (Cth) requires a genuine attempt at family dispute resolution before applying for parenting orders, with exceptions for family violence, child abuse, urgency and similar circumstances. Property matters are not subject to the same requirement but are very commonly mediated anyway.
Is mediation cheaper than going to court?
Almost always. A family law matter resolved through mediation in Australia typically costs a fraction of a contested final hearing, and resolves far sooner. That is why mediation is the default first step for both parenting and property disputes, with court reserved for matters that genuinely cannot settle.
What if there has been family violence?
Where there has been family violence, the section 60I requirement to attempt family dispute resolution may not apply, and an exception can allow you to go straight to court. Mediation is also not appropriate where there is a serious safety concern or power imbalance. I assess this carefully and will never push you toward mediation that is unsafe.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about family dispute resolution & mediation in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.