Is family law mediation mandatory before going to court?

The Australian family law system is designed to keep families out of court wherever possible. Before you can ask a Judge to decide your parenting or property matter, you must make a genuine effort to resolve the dispute yourself through mediation.

This process is formally known as Family Dispute Resolution (FDR).

The Section 60I Certificate

If you want to apply for Parenting Orders, the Family Law Act 1975 (Cth) requires you to attach a Section 60I Certificate to your application.¹ This certificate proves that you attempted mediation.

It is issued by an accredited FDR Practitioner and will state one of the following:

• You attended and made a genuine effort to resolve the issue.
• You attended but the other party did not make a genuine effort.
• The other party refused to attend.
• The practitioner decided mediation was not appropriate (e.g., due to power imbalance).

Exemptions: When Can You Skip Mediation?

You do not need to attend mediation if:

1. Family Violence: There has been, or is a risk of, family violence or child abuse.
2. Urgency: The matter is urgent (e.g., a child is about to be taken overseas).
3. Incapacity: One party is unable to participate effectively (e.g., due to distance or incapacity).²

If you claim an exemption, you must file an affidavit explaining why.

Is Mediation Required for Property?

Yes. Recent changes to the Federal Circuit and Family Court Rules now require parties to perform “Pre-Action Procedures” for property settlements too. This usually involves:

• Exchanging full financial disclosure.
• Attending a mediation or conciliation conference.
• Making a genuine offer of settlement in writing.

Failure to do this can result in the Court ordering you to pay the other side’s legal costs.

Related Family Law Topics

• Parenting orders explained
• Do I have to go to court?
• Family law costs
• Family Law Practice Area

Arranging Mediation

Bell & Senior can help you prepare for mediation, represent you during the session to ensure you aren’t pressured, and draft the final agreement into Consent Orders.

Ready to mediate? Contact us for advice. Call (07) 5532 8777.