When mediation is required
Before filing a parenting application you generally need a section 60I certificate from a registered family dispute resolution practitioner. The court will not accept the application without one, unless an exemption applies.
For property matters there is no equivalent certificate requirement, but the court expects parties to have made a genuine effort to resolve the dispute, and pre-action procedures apply. Failing to attempt resolution can affect costs.
When you don't have to
Exemptions from the s60I requirement
- There has been family violence or child abuse
- There is a risk of family violence or child abuse
- The matter is urgent
- A party is unable to participate effectively — including because of incapacity or distance
- The application relates to a contravention of an existing order in defined circumstances
If any of these apply to you, say so at the first appointment. You may be able to file immediately rather than spending weeks arranging a mediation you were never required to attend.
The certificate itself
A section 60I certificate records one of several outcomes: that a party did not attend, that both attended and made a genuine effort, that both attended but one did not make a genuine effort, that the practitioner considered the matter unsuitable for mediation, or that it became unsuitable partway through.
Which kind of certificate you hold matters. A certificate recording that the other party did not attend, or did not make a genuine effort, is relevant to costs and to how the court approaches the matter. Certificates generally have a limited life, so do not obtain one and then wait a year to file.
What actually happens
Preparing properly
People who prepare do better. Mediation is not a hearing and nobody decides who is right, so the arguments that would matter in court are largely wasted there.
- Know what you actually need, and what you can trade
- Understand the likely range of outcomes if you litigated
- Bring the documents that support your position
- Think about the other parent's genuine concerns
- Prepare a proposal, not just objections
- Consider the practical detail — handovers, holidays, travel
- Decide in advance what you will not agree to
The most valuable preparation is knowing the realistic litigated range. Without it, you cannot tell whether an offer is good, and people routinely reject offers better than what a court would have ordered.
Making an agreement binding
A mediated agreement is usually recorded as a parenting plan, which is not enforceable. To make it binding, it should be converted into consent orders and filed with the court.
That is a short and inexpensive step, and it is the one most often skipped. A parenting plan works while both parents are cooperating; it offers nothing when one stops.
What it costs
- FDR provider fees vary; some are free or subsidised
- Fixed fee for preparation and advice
- Fixed fee for consent orders after agreement
- Attendance quoted where we come with you
- Far cheaper than a contested hearing
- Costs agreed with you before we start
Frequently asked questions
For parenting applications, generally yes: you need a section 60I certificate from a registered family dispute resolution practitioner unless an exemption applies. For property matters there is no certificate requirement, but pre-action procedures apply and the court expects a genuine attempt at resolution.
Where there has been family violence or child abuse, where there is a risk of it, where the matter is urgent, where a party cannot participate effectively including because of incapacity, or in defined contravention applications. If any apply, raise it at the first appointment because you may be able to file immediately.
A certificate issued by a registered family dispute resolution practitioner recording the outcome of the process — that a party did not attend, that both attended and made a genuine effort, that one did not make a genuine effort, or that the matter was unsuitable. Which kind you hold is relevant to costs and to how the court approaches the matter.
No. Shuttle mediation, where the parties are in separate rooms and the practitioner moves between them, is common and entirely normal. Safety concerns should be raised at the intake stage, where they will be taken seriously and can change the format or end the process.
Not by itself. A mediated parenting agreement is usually recorded as a parenting plan, which is not enforceable by a court. To make it binding it should be converted into consent orders and filed. That step is short and inexpensive, and it is the one most often skipped.
More information
Litigation is rarely the best way to resolve disputes. We recommend mediation as an alternative and can offer advice and assistance in matters in which mediation or arbitration may prove advantageous.
Rockhampton mediation lawyers
Mediation is an informal process where an independent third party (called “the Mediator”) assists parties in dispute to reach agreement.
Mediators are trained in being a neutral facilitator who explores options with the parties to find solutions.
Mediation can be an important and effective tool in achieving an outcome within a short timeframe and at much less cost than going to Court.
All Lawyers at South Geldard are experienced in representing parties at mediations to resolve disputes in a timely and cost effective way.
Luke mediates disputes about and our lawyers can represent you in:
- Family
- Wills and deceased estates
- Farm debt/Bank
- Asset ownership
- Rural industry
- Employment
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.