Agreement to Mediate – Family Dispute Resolution

Q: What is the Agreement to Mediate?

The Agreement to Mediate is the document both participants sign before Family Dispute Resolution begins. It explains how the process works, the confidentiality protections that apply, what your FDR Practitioner can and can't do, the fees, and what happens if you reach an agreement or don't. This page is a plain-English overview; the signed version is the downloadable PDF.

Q: Is Family Dispute Resolution confidential?

Yes. The Family Law Act 1975 (Cth) sections 10H and 10J protect what is said in FDR from being used as evidence in court. Confidentiality has limited exceptions: to comply with the law, including mandatory reporting to protect a child; where the person who made the communication gives consent; a duty of care to prevent a serious and imminent threat to a person's life, health or property; and to assist an Independent Children's Lawyer representing a child under a court order.

Q: How much does Family Dispute Resolution cost?

Fees are based on $242 per person per hour. A typical 1.5-hour pre-mediation session is $363 per participant, a 3-hour joint mediation is $726 per participant, and a 4-hour shuttle mediation is $968 per participant. Communication and correspondence, and issuing a Section 60i Certificate if requested, are included. One participant may pay for both without affecting the practitioner's impartiality.

Q: Can I bring a support person to mediation?

Yes. You can bring a support person to some or all of your sessions to support you emotionally or practically — not to speak or negotiate for you. Talk to us beforehand; your FDR Practitioner will discuss whether it's appropriate and how confidentiality applies, and the support person must agree to the same confidentiality obligations as a participant.

Q: Does the FDR Practitioner give legal advice?

No. Your FDR Practitioner is an impartial mediator, not your lawyer, and can't give legal advice. We strongly encourage you to get independent legal advice before and during FDR so you understand your rights and whether a proposed agreement is in your best interests.

Q: What does ‘best interests of the child’ mean?

For parenting matters, decisions must be made in the best interests of the child. Section 60CC(2) of the Family Law Act sets out the considerations, including the child's safety, any views the child expresses, their developmental and emotional needs, each parent's capacity to meet those needs, and the benefit of safe relationships. The court must also consider any history of family violence, abuse or neglect, with additional considerations for Aboriginal and Torres Strait Islander children.

Q: What happens if we reach an agreement?

Your FDR Practitioner will help you write your agreement down clearly. For parenting, this can be a Parenting Agreement, a signed Parenting Plan, or Consent Orders if you want it legally binding. For property, it can be a Property Settlement Agreement, Consent Orders, or a Binding Financial Agreement. Consent Orders make an agreement enforceable without going to court.

Q: What if we don't reach agreement in FDR?

Not reaching a full agreement isn't a failure — FDR still helps identify the issues and clarify positions, and for parenting matters can produce a Section 60i Certificate if you need one to apply to court. For property matters we can confirm the dates FDR took place. Either participant can request FDR again later, with the same or a different practitioner.

An overview of the terms, process, fees and your rights when working with our Family Dispute Resolution service.

Download the Agreement (PDF)

What is the Agreement to Mediate?

Before we begin your Family Dispute Resolution (FDR) mediation, both participants sign an Agreement to Mediate. The agreement sets out how the process works, what confidentiality protections apply, what your FDR Practitioner can and can’t do, what we charge, and what happens if you reach an agreement – or don’t.

This page is a plain-English overview of what’s in the Agreement. The signed copy is the PDF above. Please read the PDF in full before your first session and bring any questions to pre-mediation.

Is Family Dispute Resolution confidential?

The Family Law Act 1975 (Cth) sections 10H (confidentiality) and 10J (inadmissibility) protect anything said, or admissions made, during the FDR process from being used as evidence in court. By signing the Agreement, both participants agree to keep what is discussed confidential, and accept that options or proposals considered but not agreed to are not binding and cannot be used as evidence in the Family Court.

Mediation is confidential, with limited exceptions. Your FDR Practitioner will walk you through these during pre-mediation.

When confidentiality can be broken

To comply with the law – including the FDR Practitioner’s mandatory obligation to report to child protection authorities if they reasonably suspect a child has been abused or is at risk of abuse. They may also report (but are not required to) where they have concerns about ill-treatment, neglect or psychological harm to a child that does not reach the threshold for abuse.
Where consent is given – by the person who made the communication, or, for a person under 18, by each person with parental responsibility or by a court.
Duty of care – to prevent or lessen a serious and imminent threat to a person’s life, health or property, or to report or prevent the likely commission of an offence involving intentional damage to property.
Independent Children’s Lawyer (ICL) – where an ICL represents a child’s interests under a court order, the FDR Practitioner can release information to assist them.

Inadmissibility means information cannot be used as evidence in court. These protections do not apply to an admission by an adult, or a disclosure by a child, that indicates a child under 18 has been abused or is at risk of abuse.

How is my information stored and protected?

Your FDR Practitioner may take notes during sessions and keeps a file recording the key events of the FDR process and any agreements reached. These records are treated as confidential under the Family Law Act 1975 and are kept for a minimum of 24 months, then securely destroyed.

We do not record sessions, and you must not record them either – whether by audio, video or screen capture. If you reach agreement, your FDR Practitioner will document it and send each of you a copy.

What are my responsibilities in FDR?

By signing the Agreement you commit to:

Listen to the other participant and talk about your own needs and interests.
Use flexible thinking and negotiate with a willingness to compromise where you can.
Work towards an agreement everyone can live with.
Consider the best interests of any child affected by the decisions you’re making.
Speak for yourself and treat the other participant and your mediators with respect.
Comply with your obligations under the Family Law Act 1975 – we’ll help you understand what these are and encourage you to get independent legal advice.
Fully and frankly disclose all information relevant to your family law situation. If full disclosure isn’t made, any court orders later based on the agreement may be at risk of being set aside.

In property matters, full disclosure includes all earnings and property interests (including interests held through companies, trusts and other entities), any disposal of assets in the 12 months before or after separation, and liabilities. In parenting matters, it includes relevant documents such as criminal records, intervention orders, and medical or school reports. The duty to disclose continues throughout the FDR process and any later proceedings.

Can I bring a support person to mediation?

You may want to bring a support person to some or all of your sessions. A support person is there to support you emotionally or practically – not to speak for you or negotiate on your behalf. Talk to us before or during pre-mediation if you’d like to bring someone. Your FDR Practitioner will discuss whether it’s appropriate, what their role would be, and how confidentiality applies – a support person must agree to the same confidentiality obligations as a participant before they can attend.

If you have experienced family violence or have any concerns about safety, please tell us before or during pre-mediation. A support person may be particularly helpful, and we can also discuss other options including shuttle mediation.

Can I get an interpreter or disability support?

We’re committed to making Family Dispute Resolution accessible. If you need an interpreter, support for a disability, or any other assistance to take part fully, let us know before pre-mediation and we’ll work with you to arrange what you need.

What does an FDR Practitioner do?

Your FDR Practitioner is a qualified and accredited Family Dispute Resolution Practitioner, registered under the Family Law Act 1975 and the Family Law (Family Dispute Resolution Practitioners) Regulations 2025. They provide the FDR service in line with this Agreement and those Regulations. They work with you only in the role of FDR Practitioner – they don’t give legal or other advice, represent either participant, or provide counselling.

Safety and suitability

FDR Practitioners must keep the process safe and suitable. Before mediation they carry out a risk and suitability assessment, looking at whether you can both negotiate freely – considering any risk or history of family violence or child abuse, the emotional, psychological and physical health of participants, equality of bargaining power, any undue influence, and anything else they consider relevant. They can end the FDR process at any time if it becomes inappropriate to continue, and don’t have to give their reasons. They also decide on the format – in some cases they may require shuttle mediation, where participants are kept separate and don’t speak directly to each other.

Impartiality and conflict of interest

Your FDR Practitioner does not take sides. Their role is to facilitate the conversation fairly and supportively for everyone. If there’s any potential conflict of interest – a previous relationship, professional dealings or anything else – they will disclose it, and you’ll be asked whether you want to proceed with them or work with a different practitioner.

Interns

Sometimes a student completing their FDR qualification co-facilitates the mediation as an intern. Any intern is bound by the same confidentiality and inadmissibility rules as the FDR Practitioner. You’ll always be told if an intern is involved.

How do I give feedback or make a complaint?

We welcome your feedback after mediation. If you have a concern or complaint, contact us at interact.support/contact-us and we’ll review it through our internal complaint handling process. If it isn’t resolved, each FDR Practitioner is also registered with an approved external complaints body – their name and contact details are on the Practitioner Information page attached to your Agreement.

How does the FDR process work?

The FDR process usually has two parts: separate pre-mediation sessions with each participant, followed by the joint mediation. Pre-mediation is where your FDR Practitioner gets to understand your situation, checks the matter is suitable for FDR, makes sure both participants can take part safely, and helps you prepare. You’ll identify the issues you’d like to resolve, talk through any safety concerns, discuss your options and how to prepare, and receive referrals to other support or services if helpful.

Parenting FDR

Parenting mediation moves through setting the scene and agreeing an agenda, exploring the issues and generating options, then negotiating and documenting any agreements. The needs and best interests of your children are the primary consideration. We can’t ethically guarantee agreement will be reached – that’s always voluntary – but in most cases participants agree on some or all of the issues.

Property settlement FDR

FDR is a recommended pre-action step for property settlements, and usually takes two sessions. In the first session you identify the asset pool – your assets, liabilities and superannuation – and work towards agreement on any values in dispute. You then explore the considerations a court would weigh: financial contributions at the start of the relationship, financial and non-financial contributions during it, and future needs. From there your FDR Practitioner helps you make and model proposals and negotiate. If more information is needed – a valuation, for example – the process may be adjourned and picked up in a later session.

What is a Section 60i Certificate and do I need one?

For parenting disputes, the Family Law Act 1975 generally requires you to make a genuine effort at FDR before applying to court, unless an exemption applies – exemptions include family violence, child abuse risks, urgency, or seeking consent orders. A Section 60i Certificate (66H in WA) is the evidence the court relies on, and your FDR Practitioner can issue one where appropriate.

There are different types of certificate depending on the circumstances: a party refused to attend; the FDR Practitioner assessed FDR as not appropriate; everyone attended and made a genuine effort but didn’t reach agreement; a party attended but didn’t make a genuine effort; or FDR began but became inappropriate to continue. A certificate isn’t issued if full agreement is reached, and it’s valid for 12 months. When parenting orders are filed, the court can take the type of certificate into account, including when deciding whether to order further FDR or costs.

Who decides the outcome in FDR?

FDR is participant-led. Your FDR Practitioner won’t tell you what to decide – their job is to help you have a useful conversation, generate options and reality-test them. Reaching agreement is always voluntary; you can’t be forced to agree, and you can ask to end a session or the process at any time. If you feel overwhelmed, you can ask for a break, a private conversation with the FDR Practitioner, or to pause or reschedule.

Does the FDR Practitioner give legal advice?

We strongly encourage you to get independent legal advice before and during FDR. Your FDR Practitioner can’t give legal advice. A lawyer can help you understand your rights, the range of likely outcomes if the matter went to court, and whether a proposed agreement is in your best interests. We can facilitate FDR with lawyers present, though the extra cost may not be justified unless there are particular vulnerabilities or challenges.

What does ‘best interests of the child’ mean?

For parenting matters, the law requires decisions to be made in the best interests of the child. Section 60CC(2) of the Family Law Act sets out the general considerations:

the safety of the child and each person who cares for them – including safety from family violence, abuse, neglect or other harm, and any family violence orders that apply;
any views expressed by the child;
the developmental, psychological, emotional and cultural needs of the child;
the capacity of each person with parental responsibility to meet those needs;
the benefit to the child of a relationship with their parents and others significant to them, where it’s safe; and
anything else relevant to the child’s particular circumstances.

When considering safety, the court must also specifically consider any history of family violence, abuse or neglect involving the child or a carer, and any family violence order that applies or has applied (section 60CC(2A)).

For an Aboriginal or Torres Strait Islander child, the considerations also include the child’s right to enjoy their culture – the support and encouragement to connect with their family, community, culture, country and language, the opportunity to explore that culture, and the likely impact of any proposed arrangement on that right.

What happens if we reach an agreement?

If you reach agreement during mediation, your FDR Practitioner will help you write it down clearly. The final form depends on whether it’s a parenting or property matter.

Parenting

Parenting Agreement – a written record of what you agreed. It isn’t legally binding or enforceable on its own.
Parenting Plan – if you both voluntarily sign and date your Parenting Agreement, it becomes a Parenting Plan. It isn’t enforceable as a court order, but the most recent Parenting Plan must be considered by the court if you return to court later.
Consent Orders – to make parenting arrangements legally binding, you can apply for Consent Orders. They have the same status as orders made by a judge, and applying doesn’t require you to go to court.

Property

Property Settlement Agreement – a written agreement about property. Signing it means it’s no longer confidential and can be used as evidence if someone doesn’t follow through.
Consent Orders – make your property agreement legally enforceable, which you may need to refinance, split superannuation, or obtain a stamp duty exemption for title transfers.
Binding Financial Agreement – not registered with the court, but it must include a statement of independent legal advice from two lawyers.

What if we don’t reach agreement in FDR?

Sometimes participants can’t reach a full agreement. That’s not a failure of the process – FDR has still been useful in identifying the issues and clarifying positions, and for parenting matters can produce a Section 60i Certificate if you need one to apply to court. For property matters, we can provide a letter confirming the dates FDR was undertaken or requested, with no confidential information included. Either participant can request FDR again in future, with the same or a different practitioner.

How much does Family Dispute Resolution cost?

Fees are based on $242 per person per hour. It’s fine for one participant to pay for both – this doesn’t affect your FDR Practitioner’s impartiality.

Service	Fee (per person)
Base rate	$242 per hour
Pre-mediation session (typical, 1.5 hours)	$363
Joint mediation – 3-hour session	$726
Joint mediation – 4-hour shuttle session	$968
Communication and correspondence	Included
Issuing a Section 60i Certificate (if requested)	Included

Pre-mediation and joint mediation sessions are paid in advance. If your matter needs additional time, we’ll talk that through with you first.

What if I can’t afford the fees?

Reduced rates are available if you hold a healthcare card or can show low income or limited resources, and we can also offer payment arrangements. If paying the full fee would cause genuine hardship, please talk to us – we may be able to offer extra flexibility, or refer you to a low-cost or free service that’s a better fit.

What is your cancellation and refund policy?

Please let us know as soon as possible if you can’t attend a scheduled session. We’ll reschedule where we can, but a cancellation fee equal to one hour may apply if you don’t show up without notice or a valid reason. If a prepaid session doesn’t go ahead, we’ll refund it less any cancellation fee that applies.

What free or low-cost courses do you offer?

Post-separation parenting isn’t the same as parenting within a relationship. These courses can help:

New Ways for Families (free, normally $95) – a self-paced online course to help separating parents communicate and make decisions with less conflict, and to manage or avoid high-conflict situations.
Anger management (normally $69) – a self-paced online course with practical tools for managing strong emotions during separation.

What are the ground rules for mediation?

FDR is a safe and respectful process. While taking part, you agree to:

use respectful language and behaviour;
be prepared to listen, share your point of view, and think flexibly about options and proposals; and
consider the wellbeing, happiness and development of any child affected by your decisions.

Read the full Agreement

The PDF below is the full Agreement to Mediate that participants sign before mediation begins. Please read it in full and bring any questions to your pre-mediation session.

Download the Agreement (PDF)

Last updated June 2026