What is Mediation in Family Law? Understanding FDR in WA

Separations aren’t just paperwork. They hit every part of your life. If you’ve landed on this page, chances are things feel uncertain right now — and that’s completely normal.

Your relationship has ended. But the practical side of untangling two lives? That’s still sitting there. Assets need dividing. Debts need sorting. Someone has to figure out what happens with the children. The house. Super. All of it.

You’ve probably come across terms like “FDR,” “mediation,” and “Section 60I” — maybe a friend mentioned them, maybe you found them on a government website at 2am. And right now, you might be worried that a bitter courtroom fight is inevitable.

It usually isn’t. Most separations in Western Australia actually get settled without a judge ever making the final decision. Mediation exists precisely so you can avoid court — a process that is slow, draining, and costs a fortune.

The route to settlement nearly always passes through some form of mediation or family dispute resolution. In Perth, family law mediation (also known as Family Dispute Resolution, or FDR) is used by separating couples to resolve disputes about children, property, or both.

This guide explains what these processes involve in the context of the Family Court of Western Australia (FCWA), and how they might apply to your situation.

The “Big Three”: Decoding the Terminology

A few different labels get thrown around in WA when people talk about negotiating outside of court. “Dispute resolution mediation” is the general umbrella — it covers any process where a neutral third party helps separated families reach agreement, most commonly about the children, without resorting to litigation.

These terms get mixed up all the time in everyday conversation. Legally, though, they mean different things. Several types of dispute resolution exist in Australia, and each comes with its own rules and focus areas.

Family Dispute Resolution (FDR)

FDR is a defined term under the Family Law Act 1975. It deals specifically with children and parenting disputes.

The Goal: Reaching agreement on a parenting plan or parenting orders.

The Facilitator: An accredited Family Dispute Resolution Practitioner (FDRP) must conduct the session. The practitioner guides both parties through structured, confidential discussions.

Why it matters: Australian law requires you to attempt FDR before filing for parenting orders in the Family Court. There are exceptions, but generally speaking, you can’t skip this step.

Mediation (General)

Mediation is the broader term, and it tends to come up most in conversations about property and financial matters.

The underlying principles resemble FDR — a neutral facilitator, confidentiality — but the procedural requirements differ. A specific certificate isn’t always needed before filing for property orders. The Court’s pre-action procedures do, however, require a genuine attempt at resolving financial matters before commencing proceedings.

Mediation guides both parties through the division of assets after separation. It’s not a one-off meeting; it’s an evolving process of negotiation and compromise.

Mediation Style Conference (MSC)

You’ll hear this term a lot if you spend any time around Perth family lawyers. An MSC is a formal, lawyer-driven mediation focused on property settlements.

The Facilitator: Typically a senior barrister, an experienced family lawyer, or occasionally a retired Judge. Both parties attend with their lawyers.

The Difference: MSCs are more structured than standard community mediation. The discussion centres on what a court would realistically order if the matter proceeded to trial. Both parties are expected to come prepared and engage meaningfully.

The Mediation Process

Not knowing what’s coming is usually the worst part.

Court proceedings are lengthy and stressful. The dispute resolution process was designed as a faster and more manageable path.

Below is what a standard mediation process looks like in WA, broken into steps.

Step 1: The Intake Session (Safety First)

Before any negotiation begins, you’ll have a private conversation with the mediator — usually over the phone or by video call. This is the screening and risk assessment.

The mediator will ask about:

Your relationship history.

Whether there are power imbalances or a history of family violence.

The safety of any children.

The main issues and concerns you want addressed.

If the mediator determines that mediation isn’t safe — say, because of family violence — they have the authority to stop the process right there. They’ll issue a certificate that allows you to proceed directly to court. Safety trumps everything.

Step 2: The Session

One of the most common questions we get: “Do I have to be in the same room as my ex?” No.

Some couples choose face-to-face mediation, and that works well for them. In higher-conflict situations, shuttle mediation is the standard approach. Mediation can happen in a mediation centre, at a law office, or over video conferencing.

How shuttle mediation works:

You and your lawyer are in one room.

Your former partner and their lawyer are in another.

The mediator goes between the two.

You can speak freely with your lawyer without your ex being present. The mediator carries proposals between rooms, explains where the law stands, and tries to narrow the gap between the two positions.

Sessions vary in length. Some take a couple of hours. Complex property disputes might stretch across a full day.

Step 3: The Negotiation

This is where things get practical.

For children: Schedules get discussed — school terms, holidays, passport arrangements, how parents will communicate. The focus stays on the children’s best interests, and mediation lets parents design arrangements that reflect how their family actually operates.

For property: Both parties look at the full asset pool, apply the principle of full and frank disclosure, and work toward a percentage split. Preparation matters here — both sides should have exchanged financial information and, where relevant, obtained valuations for things like property or businesses before sitting down.

The objective is to reach a workable arrangement and, wherever possible, avoid the need for court proceedings.

We strongly recommend getting independent legal advice before mediation. You need to understand your rights, entitlements, and obligations, and have a clear sense of where your negotiation limits sit.

The Outcomes: “What happens if we agree?”

When mediation produces an agreement — and it does, more often than you’d think — the sense of relief tends to be immediate.

But the agreement itself isn’t legally binding yet. It needs to be formalised.

For Property and Finances

Once you’ve agreed on things like the house, superannuation, and debts, your lawyers draft a document called a Minute of Consent Orders. This gets filed with the Family Court of WA through a Form 11 Application for Consent Orders.

No court appearance required.

A Registrar reviews the application in chambers.

There’s generally a filing fee. If you’re on a low income, you may be eligible for a reduction or waiver.

Once the court seals those orders, the agreement becomes legally binding and enforceable.

Read more about our property settlement services.

For Parenting

Two options here:

Parenting Plan: A written agreement between both parents. Useful, but not enforceable through the court.

Consent Orders: Your parenting arrangements get formalised into court orders via the same Application for Consent Orders process. These provide enforceability and certainty. The court’s paramount consideration remains the best interests of the child.

Understand your options for child custody and care arrangements.

The “What Ifs”: What happens if we don’t agree?

Sometimes you can’t bridge the gap. Both parties can make a genuine effort and still end up at an impasse.

If mediation doesn’t work, that’s okay. It’s not a personal failure. It just means the process moves forward — usually into court proceedings. If settlement still doesn’t happen, the matter goes to a final hearing.

The Section 60I Certificate

In parenting matters, if FDR is unsuccessful, the practitioner issues a Section 60I Certificate.

With limited exceptions, this certificate is a prerequisite for commencing parenting proceedings in the Family Court.

Your lawyer then files a Form 1 Initiating Application in the Family Court of WA, and a judicial officer takes over.

The Cost of Not Mediating

Consider the state of the court system right now. The Family Court of WA is under real strain. Backlogs are significant, and delays are getting longer.

Court timeline: Reaching a final trial can take 2 to 3 years.

Mediation timeline: A private mediation can often be arranged within weeks.

Mediation gives you speed, privacy, and input into the outcome.

In court, someone who has never met your family decides how things get divided. In mediation, you make those decisions yourself.

There’s another angle too. Mediation tends to preserve relationships better — which matters a great deal when you have children and will be co-parenting for the foreseeable future.

Why Choose Private Mediation?

Government-funded services like Legal Aid WA and Relationships Australia offer mediation. These are valuable services and a legitimate option. Dispute resolution practitioners can be found through official registers and various directories.

The catch is that these services are often oversubscribed. Waiting months for an intake appointment isn’t unusual. Private mediation changes the equation:

Immediacy: Move while both parties are still motivated. Don’t let months of waiting erode that momentum.

Choice: Pick a mediator whose expertise matches your situation. Complex business interests? There are practitioners who specialise in that. Sensitive parenting matter? Choose someone with relevant experience.

Legal Protection: In an MSC, your lawyer is in the room. That means no agreeing to something that sells you short.

Finding Your Way Forward

Talking openly about family relationships during mediation matters. It’s how everyone’s needs, concerns, and dynamics get properly considered.

Mediation offers a dignified and efficient way to close one chapter and begin the next. Whether your situation calls for a determined advocate or a calm guide, the right legal advice makes a genuine difference.

If you’d like to discuss your situation or understand how mediation could work for you, our team is ready to help.

Reach out to our family law team today for guidance on your next steps.

Frequently Asked Questions

Is mediation legally binding?

Discussions during mediation are generally “without prejudice,” meaning they cannot be used against you in court later. Disclosures made during sessions are not admissible as evidence, except in narrow circumstances such as threats of harm or child abuse.

Once an agreement is formalised into Consent Orders or a Binding Financial Agreement (BFA), it becomes legally binding.

What if there is domestic violence?

Safety is the priority. If family violence is present, an FDRP may determine that mediation is not appropriate and issue a certificate.

Shuttle mediation — with parties in separate rooms or on separate video calls — can sometimes provide a safe alternative where negotiation can still occur without direct contact.

Can we mediate regarding Child Support?

Yes. The Child Support Agency (Services Australia) handles standard assessments, but parents can agree to a Binding Child Support Agreement through mediation. Such agreements can address private school fees, health insurance, or amounts that differ from the standard assessment.

Sources & Further Reading

• Family Court of Western Australia: Consent Orders & Form 11 Information
• Family Court of Western Australia: Pre-Action Procedures (Financial Cases)
• Attorney-General’s Department (Cth):Family Dispute Resolution & Section 60I Certificates