Family Law Mediation & Parenting Dispute Resolution in Sydney
Your Choice for Mediation & Alternative Dispute Resolutions (ADR)
At Dorter Family Lawyers, we believe in practical, cost-effective solutions. We have a track record in resolving matters and our experience with clients across Australia reinforces our firm’s position on the value of mediation in reaching a successful resolution efficiently and without litigation.
Parenting disputes often require careful preparation before family dispute resolution. Early legal advice can help you understand the issues in dispute, assess your position and consider practical parenting arrangements before discussions take place. This is particularly important where there are concerns about safety, communication, relocation, changeover arrangements, decision-making responsibility or a child’s specific needs.
Strategic Representation in Mediation and ADR
Mediation and alternative dispute resolution require more than attendance. Effective preparation involves identifying the issues, understanding the risks, setting clear settlement parameters and ensuring any agreement reached is properly documented. Our solicitors provide strategic advice before, during and after mediation, including representation where appropriate and assistance formalising agreements through consent orders or other binding documents.
When Mediation or FDR May Not Be Appropriate
Mediation or family dispute resolution may not be suitable in every matter. Urgent circumstances, family violence, coercive control, child safety concerns, serious power imbalance, non-disclosure or refusal to participate meaningfully may require a different pathway. In these cases, early legal advice is essential to determine whether court intervention, exemptions or urgent protective steps are required.
Family Arbitration
Family arbitration is a private process that may be suitable for resolving certain financial and property disputes without the delay of court proceedings. Unlike mediation, arbitration can result in a binding determination. We advise clients on whether arbitration is appropriate, prepare the matter strategically and provide representation throughout the process.
FAQs
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You are not required to have a lawyer for family dispute resolution, but legal advice before the process can help you understand your position, prepare proposals and avoid agreeing to arrangements that are unclear or unsuitable.
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In many matters, yes. Whether a lawyer attends will depend on the type of mediation, the issues in dispute and the agreement of those involved. Legal representation can be particularly useful in complex parenting or financial matters.
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In most parenting matters, parties are required to attempt family dispute resolution before commencing court proceedings, unless an exemption applies. Exemptions may include urgency, family violence or child safety concerns.
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Mediation is a negotiated process where parties work towards agreement. Arbitration is a private decision-making process where an arbitrator determines the dispute. Arbitration can produce a binding outcome.
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Agreements may be documented through parenting plans, consent orders, financial agreements or other written arrangements, depending on the issues resolved. Legal advice should be obtained before finalising any agreement.
Talk to our expert family lawyers today – Book a confidential consultation or call (02) 9929 8840.
Sydney Family Law Team.
Led by Rebekah Dorter and our senior partners, our team consists of accomplished professionals who are not only highly knowledgeable in their respective fields of family law but also deeply committed to delivering exceptional results.
Ways to reach a final settlement (without going to Court)
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A written agreement on the division of assets and liabilities filed with the FCFCOA. The Court reviews the proposal to ensure it is just and equitable, then seals it as legally binding final orders whether this involves property, parenting, financial maintenance, and/or child support.
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A private contract (entered before, during or after a relationship) setting out how property will be divided. Financial Agreements (including Binding Financial Agreements and Binding Child Support Agreements) require each party to receive independent legal advice to be binding and enforceable.
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Mediation
Mediation is a confidential and structured process guided by an independent, accredited mediator who helps you and your former partner engage in constructive discussions to reach a fair, legally binding agreement—without the stress and cost of Court proceedings. At Dorter Family Lawyers & Mediators, we engage highly experienced facilitative and evaluative mediators, including former judicial officers of the Federal Circuit and Family Court of Australia. The mediation process is tailored and agreed upon by both parties to ensure safety, transparency, efficiency and the best chance of resolution.
Round‑table conference
A round‑table conference is a structured negotiation process where both parties and their family law solicitors work together to resolve property and financial matters without going to Court. Discussions are guided by experienced legal representatives who advocate for your interests while promoting constructive dialogue. If preferred, the conference can be conducted using separate rooms (known as “shuttle negotiations”) to ensure comfort and reduce conflict. At Dorter Family Lawyers & Mediators, our team brings extensive experience in high‑level negotiations and litigation before the Federal Circuit and Family Court of Australia, giving you confidence that your settlement discussions are handled with professionalism and strategic insight.
Collaborative practice
Collaborative practice is an alternative property settlement process where you and your former partner, together with your respective family law solicitors, engage in a series of structured meetings to negotiate a fair and mutually acceptable property and financial agreement—without resorting to Court proceedings. This approach promotes transparency, respect and problem‑solving, with all parties committed to reaching an outcome that works for your family. A key feature of collaborative law is that if either party later chooses to proceed to litigation, the lawyers involved in the collaborative process cannot represent you in Court, ensuring everyone remains focused on settlement rather than conflict.
Arbitration
Arbitration is a private and efficient alternative to Court proceedings, where both parties present evidence and arguments to an independent arbitrator—typically a highly experienced senior lawyer or former judge—who delivers a binding decision on your property and financial matters. This process offers confidentiality, flexibility and faster resolution compared to litigation, while ensuring the outcome is legally enforceable. At Dorter Family Lawyers & Mediators, we work with leading arbitrators approved under the Family Law Act, giving you confidence that your matter is handled with the highest level of expertise. If arbitration or other dispute resolution methods do not achieve a settlement, either party may apply to the Federal Circuit and Family Court of Australia for final property orders.
Not Sure Which Pathway Is Right For You?
We will carefully assess your situation and recommend the most effective pathway tailored to your priorities, ensuring a strategy that safeguards your interests and achieves the best possible outcome.
Why Choose Mediation or ADR Over Court?
Resolve family disputes efficiently with expert mediation and FDR services in Sydney. Avoid court stress and achieve fair parenting agreements with the assistance of Dorter Family Lawyers and Mediators.
Mediation is encouraged before applying to the Family Court, as court proceedings can be lengthy, costly, and stressful.
Benefits of Mediation
Faster and more affordable than litigation
Confidential and less adversarial
Focused on practical, child-centred solutions
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Family Dispute Resolution (FDR) is a specialised form of mediation designed for separating families. It helps parents create parenting plans that outline future arrangements for their children.
FDR is facilitated by an accredited Family Dispute Resolution Practitioner, who ensures discussions remain respectful and focused on the best interests of the children.
Learn more about Parenting Plans here
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A FDR practitioner is a trained mediator who specialises in family disputes. They are an independent person, registered with the Commonwealth Attorney General’s Department who helps separated families to resolve their parenting disagreements.
As an impartial party, FDR practitioners take a neutral position as they facilitate the mediation process, encouraging participants to openly discuss and clarify the issues in dispute in a safe and supportive environment.
A FDR practitioner is also the only person who can issue a section 60I certificate before commencing proceedings.
Learn more about Section 60I Certificate and commencing parenting proceedings here.
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Under Australian Family Law, it is mandatory for separated families to attempt FDR before applying to Family Court for parenting orders.
However, there are some exemptions to this requirement, including:
Where family violence or child abuse is a factor
When you are responding to an application to court
Urgent situationsWhen a party is unable to participate effectively (e.g. due to incapacity or geographical location)
A party has contravened and demonstrated a serious disregard for a court order made in the last 12 months
When you are formalising an agreement through ‘consent orders’
Mediation & Alternative Dispute Resolution FAQs
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Yes. In most parenting disputes, parties must attempt Family Dispute Resolution (FDR) before applying to the Family Court, unless an exemption applies (e.g., family violence, urgency).
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Mediation is a general process for resolving disputes, while FDR is a specific type of mediation required under Australian family law for parenting matters only and conducted by an accredited FDR practitioner who can issue Section 60I certificates, prior to commencing proceedings.
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Under section 60I of the Family Law Act 1975, most parents must attempt Family Dispute Resolution (FDR) before applying to the Court for parenting orders. A Section 60I Certificate is the official document that proves you have met this requirement—or that FDR was assessed as inappropriate. The law encourages parents to resolve disputes amicably and in the best interests of the child before resorting to litigation, provided it is safe to do so. FDR process would include an assessment of the level of risk and if appropriate, and provide a safe, structured environment to negotiate parenting arrangements with the help of an accredited practitioner. It is valid for 12 months.
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You must file a Section 60I Certificate with your application for parenting orders unless an exemption applies, such as:
Family violence or child abuse (or risk of it)
Urgent matters where delay could put a child at risk
A party is unable to participate effectively (e.g., due to incapacity or remoteness)
Serious breach of existing parenting orders within the last 12 months
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Yes, Rebekah Dorter, Principal is an Accredited Mediator with LEADR (The Resolution Institute), an international organisation promoting mediation for conflict resolution. Rebekah has a track record in resolving matters and her experience with clients across Australia reinforces our firm’s position on the value of mediation in reaching a successful resolution efficiently and without litigation.
However, if you seek an Family Dispute Resolution Practitioner to conduct your mediation, then you can use the Family Dispute Resolution Register to find one near you.
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Unfortunately, if we are engaged to conduct your mediation, we will not be able to represent you or provide you with legal advice as this will be a conflict of interest.
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Yes. Most Alternative Dispute Resolution (ADR) options—such as mediation, collaborative practice, and arbitration—are confidential processes, allowing you to resolve property and financial matters discreetly and without the stress of public hearings. Those engaging in mediation are usually required to sign a confidentiality agreement prior to the process beginning.
While Court proceedings in the Federal Circuit and Family Court of Australia include privacy safeguards, judgments may still be published in anonymised form and hearings are generally not fully confidential. If maintaining confidentiality is a priority, we strongly recommend exploring ADR pathways first.
Ready To Move Forward?
Talk To A Lawyer.
Book a confidential consultation with a family law specialist today.
Call (02) 9929 8840 Or Request a call‑back via our contact form.
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