What the FDRP does when mediation ends without agreement
The FCFCOA family dispute resolution requires the FDRP to issue a Section 60I certificate recording what happened. The certificate type reflects the reason — whether mediation was genuinely attempted, whether one party failed to participate, or whether FDR was assessed as inappropriate.
That certificate is the document you file with the court to show you have satisfied the FDR requirement under the Family Law Act 1975.
Partial agreements still have value
It is common for mediation to resolve some issues but not others — for example, agreeing on a parenting schedule but not on the school holiday split. Partial agreements can be documented in a parenting plan or formalised as consent orders, reducing the number of issues the court needs to decide.
Going to court after mediation
Court proceedings after a failed mediation do not start from scratch. The issues identified during mediation often help both parties and their lawyers understand where genuine dispute remains, which can narrow the scope and cost of litigation.
Is there anything to try before court?
Yes. If mediation broke down due to communication difficulties, shuttle mediation (where parties are in separate rooms) may be worth attempting. Some matters that fail in traditional FDR are resolved through collaborative law or with lawyers present. We are happy to advise on next steps after an unsuccessful session.
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