What the FDRP will do
When the other party refuses to attend, an accredited FDRP — from a service like Mediations Australia or through the FCFCOA family dispute resolution — can issue a Section 60I certificate recording that the other party did not attend (certificate type s60I(8)(a)) or did not make a genuine effort (s60I(8)(c)).
That certificate allows you to file a parenting application in the Federal Circuit and Family Court of Australia.
Can refusal affect the outcome in court?
Courts have the power to award costs against a party who unreasonably refused to participate in dispute resolution. Costs orders are not automatic, but a clear refusal without good reason can be raised in proceedings and may influence how a judge views that party's reasonableness throughout the matter.
What counts as failing to make a 'genuine effort'?
Attending but being obstructive, refusing to engage with any compromise, or failing to provide required financial disclosure can all constitute a failure to make a genuine effort — even if the person technically shows up on the day.
When refusal is appropriate
What if they agree but then won't engage?
Sometimes a party agrees to attend but provides no financial disclosure, stonewalls discussion, or walks out. The FDRP assesses whether genuine participation occurred and issues the appropriate certificate. Shuttle mediation — where parties are in separate rooms — can help in situations where face-to-face contact is difficult but both parties are willing to participate.
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