Certificate types that don't require completing mediation
Under section 60I of the Family Law Act 1975, an accredited FDRP can issue five different certificate types. Three of them do not require a completed mediation session:
| Certificate type | When issued | Mediation required? |
|---|---|---|
| s60I(8)(a) | Other party did not attend | No |
| s60I(8)(b) | FDRP assessed FDR as not appropriate | No |
| s60I(8)(c) | One party did not make a genuine effort | Session started but may not be completed |
| s60I(8)(d) | FDR started but not completed | Partial session only |
| s60I(8)(aa) | Mediation attended, genuine effort by all parties | Yes — full session |
What the FDRP intake process involves
Before booking a full FDR session, an FDRP conducts an intake assessment — separate appointments with each party to assess the suitability of FDR. If at this stage the FDRP assesses FDR as not appropriate (for example, due to family violence, a significant power imbalance, or one party's incapacity), they can issue an s60I(8)(b) certificate without a full session ever taking place.
What if the other party simply refuses to come?
If you make a genuine effort to initiate FDR and the other party refuses to attend, the FDRP can issue an s60I(8)(a) certificate. This certificate satisfies the court requirement — you are not penalised for the other party's refusal. See also: what if my ex refuses mediation?
When no certificate is needed at all
If an exemption applies — family violence, urgency, or the other party cannot be located — you may file parenting proceedings without any certificate. See: FDR exemptions.
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