What they have in common
Both mediation and FDR are facilitated, confidential processes in which a neutral practitioner helps parties communicate and reach agreement. Both are voluntary in the sense that neither party is forced to agree to anything. Both are generally faster and less expensive than court proceedings.
The critical difference: accreditation and the Section 60I certificate
| Feature | FDR | General mediation |
|---|---|---|
| Defined by legislation? | Yes — Family Law Act 1975 | No — general practice |
| Practitioner must be accredited? | Yes — FDRP accreditation required | No mandatory accreditation |
| Can issue Section 60I certificate? | Yes | No |
| Required before Family Court parenting application? | Yes (unless exempt) | No |
| Covers property matters? | No — parenting only | Yes — any type of dispute |
Does the label matter?
In practice, many FDRPs also conduct general mediation — for property, commercial, or workplace disputes — and many general mediators are also accredited FDRPs. The label matters only when you need a Section 60I certificate for court. Always confirm that your practitioner holds current FDRP accreditation if a court certificate may be needed. You can verify accreditation through the Mediator Standards Board (AMDRAS).
When to choose each
- Use an accredited FDRP for parenting and children's matters where a Section 60I certificate may be required.
- Use a mediator (FDRP or otherwise) for property, financial, or other disputes where no certificate is needed.
- For combined parenting and property matters, choose an accredited FDRP who also has experience in property mediation — they can cover both.
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