When Family Dispute Resolution Is Unsuccessful

Understanding Family Dispute Resolution When It is  – Unsuccessful -Your Options with Sarah Bevan, Family Law Mediator

Family Dispute Resolution (FDR) is a key process in Australian family law, designed to help separating parents resolve parenting disputes in a structured and child-focused environment. Although many families reach workable agreements through mediation, there are situations where FDR is not successful or cannot safely proceed. FDR is a description of various methods aimed at resolving disputes, and mediation is the most commonly known and used method.

At Sarah Bevan Family Lawyers, our team including Sarah Bevan, a Mediator and experienced family lawyer provides clarity, guidance and support through each stage of the process, including when mediation breaks down.

When Mediation Cannot Proceed or Is Not Successful

If FDR does not result in an agreement—or if it cannot proceed safely—an accredited FDR practitioner can issue a Section 60I certificate.  This certificate is essential where a parent wishes to file an application in a family law court for parenting orders.

What Is a Section 60I Certificate?

Under the *Family Law Act 1975 (Cth), most parenting disputes require parties to attempt FDR before applying to the Federal Circuit and Family Court of Australia. A Section 60I certificate, issued only by an accredited FDR practitioner, confirms that the parties have attempted, or were unable to attempt, FDR.

What About Western Australia?

If you are in Western Australia, you may instead receive a Section 66H certificate under the Family Court Act 1997 (WA).
The type of certificate issued depends on whether the parents of the children were ever married.

Situations Where a Section 60I Certificate May Be Issued

A certificate may be issued for several reasons, including successful attendance but unresolved issues, or because mediation is assessed as inappropriate. The certificate will specify one of the following:

1. The other party did not attend
Despite reasonable attempts to arrange mediation, one party did not participate.

2. Both parties attended and made a genuine effort
Mediation occurred, but no agreement could be reached.

3. Both parties attended but one or both did not make a genuine effort
Participation occurred but meaningful engagement did not.

4. The FDR practitioner determined the matter was not suitable for FDR
This may be due to concerns about family violence, safety, power imbalances, risks to children, mental health concerns, or other relevant issues.

5. The practitioner determined it was inappropriate to continue
New information may have emerged during mediation that made it unsafe or unsuitable to proceed.

“Party” refers to any person directly involved in the parenting dispute.

Why FDR Might Be Considered Inappropriate

Even at the initial assessment stage, a mediator may decide mediation should not go ahead. Common reasons include:

• Family violence or safety concerns
• Risks to the welfare or wellbeing of children
• Severe power imbalances between the parties
• An inability to negotiate freely, such as due to coercion, intimidation or cognitive limitations
• Urgency, such as situations requiring immediate court intervention

At Sarah Bevan Family Lawyers, these assessments are always undertaken with sensitivity and a strong focus on safety and legal obligations.

Supporting You Beyond Mediation

If FDR is unsuccessful, our team can guide you through your next steps, which may include:

• Understanding the implications of the certificate issued
• Preparing an application to the court for parenting orders (if needed)
• Exploring further negotiation or alternative pathways toward resolution
• Ensuring a child-centred approach throughout the process

While we do not replace the role of a court or provide formal legal representation in this context, we ensure you have clear, accessible information to understand your options.

Contact Sarah Bevan Family Lawyers today to make an appointment to discuss your options.