Family Dispute Resolution in NSW — Mediation Before Court

Before you can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders, you're required by law to attempt Family Dispute Resolution (FDR). This isn't optional — under Section 60I of the Family Law Act 1975, the court will not accept your application without a Section 60I certificate proving that mediation was attempted (or that you qualify for an exemption).

FDR is structured mediation facilitated by an accredited Family Dispute Resolution Practitioner (FDRP). The goal is to help both parents reach an agreement about parenting arrangements without the cost, delay, and adversarial nature of court proceedings.

Where to Access FDR in NSW

Family Relationship Centres (FRCs) — government-funded centres across NSW including Sydney (multiple locations), Penrith, Campbelltown, Newcastle, Wollongong, Coffs Harbour, and regional centres. The initial intake assessment is free. Joint mediation sessions are free for the first hour, then income-tested ($30 per hour for subsequent sessions). The main drawback: waitlists often run three to eight months.

Relationships Australia NSW — a major non-profit provider with offices across metropolitan and regional NSW. Services include FDR, counselling, and parenting-after-separation courses. Fees are sliding-scale based on income.

Interrelate — another community-based provider operating across Sydney, the Central Coast, Hunter, and regional NSW. Offers FDR alongside family therapy and parenting programs.

Legal Aid NSW — provides free FDR for families who meet the means test. The practitioner can issue a Section 60I certificate.

Private FDRPs — accredited practitioners in private practice. Costs range from $200 to $500 per hour per party, but appointments are typically available within weeks rather than months. Check the Attorney-General's FDR Register to verify accreditation.

What Happens in FDR

The process follows a structured pathway:

Intake assessment (separate) — the FDRP meets each parent individually to assess suitability for joint mediation. They screen for family violence, power imbalances, mental health concerns, and each parent's capacity to negotiate. If the FDRP determines FDR is unsuitable (due to safety risks or severe power imbalance), they'll issue a certificate without proceeding to joint sessions.

Joint mediation sessions — typically one to three sessions of one to two hours each. The FDRP facilitates discussion around living arrangements, time-sharing, holidays, decision-making, and communication. The FDRP doesn't make decisions — they guide the conversation and help both parents focus on the child's needs rather than their own grievances.

Outcome — if you reach agreement, the FDRP can help you document it as a parenting plan (though you may want independent legal advice before signing). If you don't reach agreement, the FDRP issues a Section 60I certificate documenting what happened.

What FDR Covers

FDR addresses any parenting dispute, including:

• Who the child lives with and spends time with
• Weekly schedules, school holidays, and special occasions
• Decision-making responsibility for education, health, religion
• Communication between the child and each parent
• Changeover logistics
• Introducing new partners to the children
• Relocation proposals

FDR does not cover property settlement, spousal maintenance, or child support assessments. Those require separate processes (though some providers offer financial mediation as an additional service).

When You Can Skip FDR

Section 60I(9) exemptions allow you to file directly with the court if:

• There's an immediate risk to the child's safety or welfare
• There are reasonable grounds to believe family violence or child abuse has occurred or is imminent
• A parent cannot participate due to incapacity or geographic remoteness
• The application relates to a serious contravention of existing parenting orders within the past 12 months

If you're claiming an exemption, you'll need to file supporting evidence with your court application.

How Long FDR Takes

From first contact to certificate:

• Government FRCs: 3 to 8 months (intake waitlist is the bottleneck)
• Community providers: 2 to 6 months
• Legal Aid NSW: 2 to 4 months
• Private FDRPs: 2 to 6 weeks

If you're on a tight timeline — for example, the other parent is threatening to relocate with the child — a private FDRP is the fastest path to a certificate. In truly urgent situations, the court exemption for immediate risk may apply.

Making the Most of Mediation

FDR works best when both parents come prepared. Before your first joint session:

• Write down your proposed parenting schedule with specific days and times
• List the decisions you want to address (schooling, medical, holidays)
• Think about what you're willing to compromise on and what's non-negotiable
• Focus on the child's routine, friendships, and developmental needs — not on punishing the other parent

The NSW Custody & Parenting Plan Guide includes a mediation preparation worksheet that helps you organise your proposals, anticipate the other parent's likely positions, and structure your negotiation strategy before you walk in.

See more New South Wales guides →