Matt is the Head of Research and Service Development with Interrelate.

Research by Interrelate explored client pathways through the family dispute resolution process to better understand their clients' outcomes and needs.
Reforms in 2006 to the Family Law Act 1975 (Cth) introduced a system of dispute resolution that aimed to help separating and separated parents resolve disputes relating to arrangements for their children, in an attempt to divert them from the court system. Before parties can apply to the court for a hearing, they are required to undertake family dispute resolution (FDR), or mediation, where they are encouraged to focus on the aims of reducing their children’s exposure to parental conflict and negotiating a workable parenting agreement. Parties who cannot reach agreement through mediation may apply for a judicial ruling but require a FDR practitioner to issue a certificate.1
The certificate indicates their attendance/non-attendance, that mediation was either attempted by one or both parties, and they were either not successful in reaching an agreement or it was considered inappropriate for that case. In accordance with section 60I of the Family Law Act 1975 (Cth), FDR practitioners may issue one of five different types of certificate:2
See the Attorney-General’s Department website for more information about FDR and section 60I certificates.
In the absence of any research into actions taken by parties after receiving a certificate, Interrelate3 initiated a research project in 2016 to explore what happens to clients when they exit the FDR process. Co-funded by the Attorney-General’s Department and conducted by research teams from the Australian National University and Canberra University, the project involved phone interviews with 777 former clients who had been issued a certificate between 2011 and 2015. It also included a literature review, analysis of Interrelate administrative data and interviews with 27 Interrelate FDR practitioners (not reported here) about their experiences. The research aimed to inform the future development of services and processes that support families through the various post-FDR pathways.
From 2011 to 2015 Interrelate worked with 10,848 FDR cases. During this period, there was a slight increase year-on-year in the number of certificates issued, but with fewer ‘genuine effort’ and more ‘inappropriate for FDR' certificates issued than previous years. This trend reflects the practitioners’ experience of increased complexity of FDR cases, specifically with regards to the prevalence of domestic and family violence. In such relationships, dispute resolution may not be appropriate due to the imbalance of power and control, and the potential for the process to perpetuate this.
Among former clients who received a certificate:
Almost half (49%) of former clients lodged an application for parenting orders after receiving a certificate. The rate of parenting order applications varied by type of certificate:
Beyond this, 16% of clients reported that they “worked the issues out themselves” and 23% reported that they had not done anything post-certificate issuance. A further 12% used a variety of other strategies.
There was widespread use of professional services following FDR, which varied slightly by certificate type:
For those who accessed professional services, 83% used private legal practitioners.
Most parents believed their children were doing reasonably well:
Most parents (71%) were largely satisfied with their life, while 82% rated their overall health as good, very good or excellent.
These findings provide an insight into how s60I certificates are understood and applied by FDR clients. Following attempted FDR, around half of the clients make applications to the court with a high level of access to further professional—usually legal—services. Some clients come to their own parenting agreements post-FDR through their own efforts, perhaps assisted by what they have learned during the FDR process. Whatever the pathway former clients have taken, they report that they and their children are doing reasonably well.
These findings suggest that service providers can identify and better understand their clients’ needs earlier. This would help provide timely assistance to those likely to eventually work out their arrangements themselves and those for whom resolution is unlikely either by mediation or through the court.
Read the full report available on the Australian National University website: Certifying mediation: A study of section 601 certificates
Smyth, B., Bonython, W., Rodgers, B., Keogh, E., Chisholm, R., Butler, R., Parker, R., Stubbs, M., Temple, J., & Vnuk, M. (2017). Certifying mediation: A study of section 601 certificates. Canberra: ANU Centre for Social Research and Methods. Retrieved from: http://csrm.cass.anu.edu.au/sites/default/files/docs/CSRM_60ICERT.pdf
Interrelate would like to acknowledge the work of the academic research teams at the ANU and Canberra University in undertaking this research. At ANU: Associate Professor Bruce Smyth, Professor Brian Rodgers, Elizabeth Keogh, Professor Richard Chisholm, Jeromey Temple, Shelby Higgs Howarth and Maria Vnuk; and at Canberra University: Assistant Professor Wendy Bonython. Telephone interviewing was undertaken by Wallis Group: <www.wallisgroup.com.au/>. We thank them all for their commitment to the project.
Matt is the Head of Research and Service Development with Interrelate.
Ross is Senior Manager, Family Dispute Resolution with Interrelate.
Robyn is Senior Manager, Research & Evaluation with Interrelate.
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