Family Dispute Resolution in the Northern Territory: Mediation Before Court
Family Dispute Resolution in the Northern Territory
Before you can apply for parenting orders in the NT, you have to attempt Family Dispute Resolution (FDR). This isn't optional — Section 60I of the Family Law Act 1975 makes it a strict prerequisite. Without a Section 60I certificate, the court won't accept your application.
FDR is structured mediation with an accredited practitioner. The goal is to reach a parenting agreement without going to court. If it works, you walk away with a parenting plan or the basis for consent orders. If it doesn't, you get the certificate you need to file.
Where to Access FDR in the NT
Family Relationship Centres
Government-funded centres offer subsidised FDR. The first three hours are free for clients who meet the income threshold, with a sliding scale capped at around $60 per hour after that. Wait times are the main drawback — often several months in Darwin.
Relationships Australia Northern Territory
RANT operates in Darwin and provides FDR services, parenting programs, and counselling. Fees vary by service and income level.
Legal Aid NT
For eligible low-income families, Legal Aid NT offers free Family Law Conferencing — essentially FDR with a duty lawyer available for advice during the session.
Private Mediators
Private FDR practitioners are available in Darwin, typically charging between $200 and $400 per session per party. The advantage is speed — you can often book within weeks rather than months. The total cost for a private mediation process usually falls between $2,500 and $7,000 (split between both parents).
What Happens During FDR
Intake and Risk Screening
Every FDR service begins with individual intake sessions. The practitioner meets with each parent separately to understand the issues, assess power dynamics, and screen for family violence, child abuse, or other safety risks.
If the practitioner identifies safety concerns, they may determine that FDR is not appropriate. In that case, they'll issue a Section 60I certificate (Type C) and you can proceed directly to court.
Joint Sessions
If both parents are assessed as suitable for mediation, joint sessions are scheduled. The practitioner facilitates structured negotiation, helping you work through living arrangements, time schedules, decision-making, holidays, and communication.
Sessions are confidential — nothing said in FDR can be used as evidence in court proceedings (with narrow exceptions for child abuse disclosures or threats of violence).
Shuttle Mediation
If face-to-face sessions aren't appropriate — due to power imbalances, anxiety, or the nature of the conflict — shuttle mediation keeps both parents in separate rooms. The practitioner moves between them, conveying proposals and counter-proposals.
The Certificate
If FDR doesn't produce an agreement, the practitioner issues a Section 60I certificate. There are five types, each telling the court something specific:
| Type | What it means |
|---|---|
| A | The applicant didn't attend because the other parent refused to participate |
| B | The applicant attended and made a genuine effort; the other parent refused |
| C | The practitioner determined FDR was not appropriate (safety concerns) |
| D | Both attended but one or both didn't make a genuine effort |
| E | FDR started but the practitioner stopped it (safety or power imbalance issues emerged) |
The certificate is valid for 12 months. Type A and B certificates can result in adverse inferences — the court may view the non-attending parent's refusal as evidence of an unwillingness to facilitate a relationship with the child.
Free Download
Get the Northern Territory — Parenting Plan Starter Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
When You Don't Need FDR
You're exempt from the FDR requirement if:
- There's been family violence or there's a risk of family violence
- There's a risk of child abuse
- The application relates to a contravention of an existing parenting order within the last 12 months
- The matter is urgent — risk of child abduction, relocation, or serious harm
- You're seeking a recovery order for a child who's been taken or withheld
In these cases, you can file directly with the FCFCOA without a Section 60I certificate.
One Important Limitation
Automated online platforms like amica don't satisfy the legal definition of FDR. Using amica to negotiate a parenting plan is fine, but it won't produce a Section 60I certificate. If your negotiation breaks down, you'll still need to attend FDR with an accredited practitioner.
The Northern Territory Child Custody & Parenting Plan Guide includes a complete FDR preparation checklist, a list of accredited providers in Darwin and Alice Springs, and step-by-step guidance on converting a successful mediation outcome into enforceable consent orders.
Get Your Free Northern Territory — Parenting Plan Starter Checklist
Download the Northern Territory — Parenting Plan Starter Checklist — a printable guide with checklists, scripts, and action plans you can start using today.