Family mediation helps separated parents and partners work out arrangements for children, property and finances without going to court. An impartial mediator helps you talk through the issues and reach decisions you can both live with.
This guide explains what to expect, how the rules on family dispute resolution work in Australia, what happens if there are safety concerns, and how agreements can be recorded. It is general information, not legal advice.
重點
- Before applying to court for parenting orders, you usually need to attempt family dispute resolution and get a section 60I certificate.
- Only a registered family dispute resolution practitioner can issue a section 60I certificate, and it is valid for 12 months.
- Exemptions apply in some situations, including family violence, child abuse, urgency or when someone cannot take part effectively.
- A parenting plan is not legally enforceable, while consent orders made by the court are legally binding.
- Screening for safety is part of good practice, and help is available if you are worried about family violence.
What is family mediation?
Family mediation is a structured process where a trained, impartial mediator helps people who have separated to discuss and resolve issues. Common topics include:
- where children will live and how much time they spend with each parent
- schooling, health care and other major decisions
- holidays, special occasions and changeover arrangements
- how parents will communicate about the children
- dividing property, debts and superannuation
The mediator does not make decisions or take sides. You stay in control of the outcome. The focus is on practical arrangements that work for your family, with children’s needs and wellbeing at the centre.
Under the Family Law Act 1975, mediation about family law matters provided by a registered practitioner is called family dispute resolution (FDR).
The rules on family dispute resolution
Section 60I certificates for parenting matters
Section 60I of the Family Law Act requires most people to attempt FDR before they apply to court for parenting orders. According to the Federal Circuit and Family Court of Australia:
- you must usually attempt FDR before filing an application for parenting orders, unless an exemption applies
- an independent, registered family dispute resolution practitioner (FDRP) issues a certificate, known as a section 60I certificate
- the certificate is proof that you attempted FDR, and it is valid for 12 months
A certificate can be issued in several situations. For example, when both people attended and made a genuine effort, when the other person refused to attend, or when the practitioner decided FDR was not appropriate.
Not every mediator can issue a certificate.
This is a common point of confusion. Only a registered FDRP can issue a section 60I certificate. Other mediators can still help families reach agreements, but if you may need to go to court about parenting arrangements, check whether your mediator is a registered FDRP. If they are not, you may need to see one to get a certificate.
You can find registered practitioners and services through Family Relationships Online or the Family Relationship Advice Line on 1800 050 321.
Exemptions.
The court lists limited situations where you may not need to attempt FDR first, including when:
- the matter is urgent
- there are reasonable grounds to believe there has been, or is a risk of, child abuse or family violence
- a person is unable to participate effectively in FDR
- the application is about an alleged breach of an order made in the last 12 months
A lawyer can advise whether an exemption applies to you.
Property and financial matters
Section 60I applies to parenting matters. For property and financial disputes, the court’s pre-action procedure says people must genuinely try to resolve their dispute before starting court proceedings. This can include mediation or other dispute resolution. There are exceptions, including where there are allegations or a risk of family violence, or the matter is urgent.
What happens in family mediation
Intake and screening
The mediator usually meets each person separately first. They explain the process and ask about the situation, including safety, family violence and any concerns about the children. This helps them decide whether mediation is suitable and, if so, how to run it safely.
The mediation sessions
You may meet in the same room, online, or in separate rooms with the mediator moving between you (shuttle mediation). The mediator helps you:
- set an agenda of the issues to discuss
- share your views and hear the other person’s
- focus on what the children need at their age and stage
- explore options and test whether they would work in practice
For example, parents of a primary school child might agree on a weekly routine for school terms, a separate plan for school holidays, and a shared online calendar for sport and appointments. They might also agree to review the arrangement when their child starts secondary school.
What a mediator cannot do
Mediators do not give legal advice or tell you what a court would decide. They can explain the process and help you think through options. For advice about your rights, speak with a family lawyer. Some families choose lawyer-assisted mediation, where each person’s lawyer attends or is available by phone.
Complex matters may need more than one session. It is fine to take breaks, ask for time to think or get legal advice before agreeing to anything.
Recording agreements: parenting plans and consent orders
| Parenting plan | Consent orders | |
|---|---|---|
| What it is | A written agreement between parents about the children | Orders made by the court, based on what both people agree |
| Legally enforceable? | 不 | Yes, with the same legal effect as orders made after a hearing |
| Court involvement | None needed | An application is filed with the court |
| Good for | Flexible arrangements, when parents cooperate well | When certainty and enforceability are important |
該 Federal Circuit and Family Court explains these options in more detail. Property agreements can also be formalised, for example through consent orders. Get independent legal advice before formalising any agreement.
Safety and family violence
Mediation is not safe or suitable for everyone. If you have experienced family violence, coercive control or threats, tell the mediator at intake. They may recommend shuttle or online mediation, extra support, or a different path, such as going directly to court with an exemption.
If you are in danger, call 000. For support with family, domestic or sexual violence, call 1800RESPECT on 1800 737 732, 24 hours a day. For 24-hour crisis support call Lifeline on 13 11 14.
Tips for preparing
- Think about your children’s routines, needs and wishes, depending on their age.
- Write down the issues that matter most to you and a few possible options.
- Gather relevant documents, such as school calendars, work rosters or financial statements.
- Get legal advice early so you understand your rights and likely outcomes.
- Arrange support for yourself before and after sessions. Separation is stressful, and counselling can help.
Invictus Health 能提供哪些協助
Invictus Health offers mediation for family and separation matters, in person in Melbourne or online. Our mediation service does not issue section 60I certificates. If you need a certificate before applying to court for parenting orders, you may need to see a registered family dispute resolution practitioner.
Separation can affect everyone’s wellbeing. Our counsellors and psychologists offer support in person at Preston or by telehealth, including 關係諮商. For fees, see 費用與退款.
This article is general information only. Speak with a family lawyer about your situation.
常見問題
Is family mediation compulsory in Australia?
For parenting matters, you usually must attempt family dispute resolution with a registered practitioner before applying to court for parenting orders, and get a section 60I certificate. Exemptions apply in some situations, such as family violence, child abuse or urgency. For property matters, court rules require you to genuinely try to resolve the dispute first, which often includes mediation.
Can any mediator issue a section 60I certificate?
No. Only a family dispute resolution practitioner who is registered under the Family Law Act can issue a section 60I certificate. Many mediators can help separated families reach agreements, but if you may need to apply to court about parenting arrangements, check whether your mediator is registered. Family Relationships Online can help you find a registered practitioner.
How long is a section 60I certificate valid?
According to the Federal Circuit and Family Court of Australia, a section 60I certificate is valid for 12 months. If more time passes before you apply to court for parenting orders, you may need to attempt family dispute resolution again. A family lawyer can advise you about timing and your options.
What if the other parent refuses to go to mediation?
If the other parent will not take part, a registered family dispute resolution practitioner can issue a section 60I certificate stating that they refused or failed to attend. You can then consider your options, including applying to court. Getting legal advice at this point can help you understand the next steps.
Do children attend family mediation?
Children usually do not attend mediation sessions between their parents. Some services use approaches where a trained professional speaks with children separately so their views can be considered. Whether this happens depends on the service, the children’s ages and whether it is safe and appropriate. Ask the mediator about their approach at intake.
Family mediation support
We offer mediation for family and separation matters, in person in Melbourne or online.
參考文獻
- Federal Circuit and Family Court of Australia. Compulsory pre-filing family dispute resolution: court procedures and requirements. FCFCOA. fcfcoa.gov.au/fl/pubs/comp-fdr
- Federal Circuit and Family Court of Australia. Children: we cannot agree. FCFCOA. fcfcoa.gov.au/fl/children/cant-agree
- Federal Circuit and Family Court of Australia. Children: we have agreed. FCFCOA. fcfcoa.gov.au/fl/children/agree
- Federal Circuit and Family Court of Australia. Before you file: pre-action procedure for financial or property cases. FCFCOA. fcfcoa.gov.au/fl/pubs/pre-action-financial
- Australian Government. Family Relationships Online. Department of Social Services. familyrelationships.gov.au
- 1800RESPECT. National domestic, family and sexual violence counselling, information and support service. 1800respect.org.au
Questions about this topic?
Our team is happy to talk through your situation and help you find the right next step.