As of
April 2025, the
Family Law (Family Dispute Resolution Practitioners) Regulations 2025 came into effect. These updates reshape how mediation—also called Family Dispute Resolution (FDR)—is delivered, especially for parenting and property disputes.
1. A Safer and More Tailored Mediation Process
One of the most significant changes is a stronger emphasis on
safety and support. FDR practitioners are now required to carefully screen for issues such as family violence, coercion, and emotional vulnerability. If FDR isn’t safe or appropriate, the practitioner must make that clear and help guide you to other safe options.
What this means for you: If you have any safety concerns or feel overwhelmed by the mediation process, the new regulations ensure your situation is properly assessed—and that the process is adapted to support your needs.
2. Clearer Rules Around ‘Genuine Effort’
Before going to court, most couples are required to attempt FDR. But what does it mean to really “try”? Under the new laws, “genuine effort” is now clearly defined, and your practitioner must explain what it looks like from the outset.
They’ll also record their assessment of your effort in a legal document called a
Section 60I Certificate. If one party is not genuinely participating, the court will know.
Why it matters: You won’t be penalised if the other person is not engaging. The court will be made aware if someone is intentionally delaying or avoiding resolution.
3. Professional Standards for FDR Practitioners
All FDR practitioners must now follow clearer national standards, including regular professional development, ethical obligations, and consistent practice. They are also expected to provide upfront information on things like confidentiality, informed consent, and your rights throughout the process.
What you can expect: A professional, supportive, and legally informed experience—no matter who you engage with.
4. A More Transparent, Less Confusing Process
The regulations aim to remove the guesswork. From the beginning, you should be given plain-language explanations about how the FDR process works, what your options are, and what happens if you can’t reach an agreement.
That means: Less confusion. More clarity. And a smoother path to making decisions that work for your family.
5. Children’s Needs at the Centre
In parenting matters, the new regulations stress the importance of focusing on the
best interests of the child. FDR practitioners are encouraged to help parents shift the conversation from conflict to collaboration—centred around what’s best for their children.
In some cases,
child-inclusive practice may be used, where a trained professional helps bring the child’s voice into the conversation in a safe, supportive way.
This is a positive shift: It puts children where they belong—at the heart of every decision, not in the middle of conflict.
So, What Should You Do Now?
- Speak to a registered Family Dispute Resolution Practitioner (FDRP) as soon as possible.
- Know that the system is now built to support safe, fair, and informed decision-making.
- If mediation doesn’t feel safe for you, talk to your FDRP—they are trained to help you access alternative pathways.
Whether you’re just beginning the separation process or are trying to resolve long-standing issues, these changes are designed to help you navigate the journey with greater support and dignity.
We’re here to help every step of the way.
Contact our experienced team of accredited FDRPs today.
Visit familyresolvers.au or call [Insert Contact Number]
