Why I take Section 60I Certificates Seriously (and you should too)
If you’ve been told you need a Section 60I certificate before you can go to court, you’ve probably been given a list of providers, a price, and not much else.
That framing; the certificate as a procedural hurdle, mediation as a box to tick, is one I and a lot of family dispute resolution practitioners want to push back on. Not because we want to complicate your situation, but because understanding what this document actually is will change how you approach the entire process. And that can make a real difference to what happens next for your family.
Here’s what you need to understand.
What is a Section 60I Certificate?
Under section 60I of the Family Law Act 1975 (Cth), most separated parents are required to make a genuine attempt at family dispute resolution before applying to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders. The Section 60I certificate is the formal document that confirms you’ve done that , or explains why that didn’t happen.
Only an accredited FDRP can issue this certificate. It is not a receipt for showing up. It is a professional assessment.
Under the Family Law (Family Dispute Resolution Practitioners) Regulations 2025, there are specific grounds on which a certificate can be issued, including where one party has not made a genuine effort, where mediation was not appropriate, or where it was attempted and did not resolve the dispute. Each of these tells the Court something different about what happened and why.
It is worth understanding that the wording on a Section 60I certificate is prescribed by law. There is no discretion to soften it, reframe it, or negotiate its language. The certificate says what it says, in the terms the legislation requires. This is a statutory requirement.
Which option applies is a matter of the practitioner’s professional judgement, not the parties’ preference. I understand that people sometimes arrive at mediation hoping the process will produce a particular certificate. That is understandable, but it is not how it works. My assessment is independent, it is based on what actually occurs, and it cannot be directed by either party. Whether someone likes the outcome or not, the certificate will reflect my honest professional view of what happened in that process.
That independence is not a limitation. It is the point. It is what gives the certificate its credibility with the Court.
You can read more about this requirement on the Attorney-General’s website here.
What the Court Actually Sees When It Reads Your Certificate
When your matter reaches the Court, your Section 60I certificate will be one of the first things considered at your first court event. In some cases, the absence of a certificate means there is no first court event at all, as the application may not be accepted without it. The type of certificate issued, and what it says about each party’s conduct, carries real weight from the moment it is filed.
If a certificate indicates that one party did not make a genuine effort to resolve the dispute, or if mediation did not occur at all, the Court has discretion to:
Order that the parties attend mediation at their own cost, or set the matter down for court-based conciliation
In rare cases, award costs, meaning one party may be ordered to contribute to the other’s legal fees
Take into account a party’s conduct in the FDR process when considering the broader circumstances of the matter
The Court does not routinely exercise all of these powers, and family law costs orders remain uncommon. But the certificate is on the record. How a party engaged, or did not, is part of the picture a judicial officer sees when your matter first comes before them. That matters, even when it doesn’t result in a formal consequence.
That is worth taking seriously.
More Than a Milestone: Using FDR as a Strategic Step
A Section 60I certificate is not a checkbox. It is not something you simply collect on the way to court. Used well, the FDR process can genuinely change your outcome, sometimes removing the need for court entirely. Used poorly, it becomes an expensive or time delaying formality that leaves you no better placed than when you started.
One thing I see regularly is people arriving at FDR before they are ready. They haven’t yet received legal advice. They don’t have a clear picture of what they are required to do, what a court is likely to consider, or what a reasonable outcome looks like for their family. In that state, it is very difficult to negotiate meaningfully. The process suffers for it.
There are also pre-action procedures that apply before certain family law applications can be made. A certificate alone does not mean you are ready to file. Filing before you have properly considered your position, gathered the right material, and taken advice can cost you time and money down the track.
This is where my background as a lawyer makes a difference. As both a lawyer and an accredited FDRP, I understand the full legal landscape you are navigating, not just what happens in the mediation room, but what comes before it and what comes after.
I will issue your certificate when the process warrants it. What I invest in is making sure that by the time we get there, it has been worth something to you, and that you leave better informed, better prepared, and clearer on your next step than when you arrived.
You can read more about the FCFCOA pre-action procedures fact sheet here.
When Mediation Is Not Appropriate, and What Happens Then
Not every situation is suitable for family dispute resolution. There are circumstances where I will not proceed to mediation, and where the right certificate is one that reflects that , clearly, professionally, and without hesitation.
Safety is always the first consideration. Where there is a history of family violence, significant power imbalances, or safety concerns that cannot be adequately managed in an FDR setting, I will issue the appropriate certificate and document my reasoning carefully. This is not a failure of the process. It is the process working as it should.
The same applies where one party declines to engage, where there are serious concerns about child abuse, or where urgency means court intervention is genuinely required. The Family Law Act provides exemptions to the section 60I requirement for a reason, and I apply them where they are warranted.
My approach is trauma-informed, which means I take seriously what you disclose in intake. I use structured screening tools. I don’t minimise what you tell me. And I will not place you in a process that isn’t safe.
What to Expect When You Work with Resolve Well
The intake process at Resolve Well is thorough by design. Before any joint session, I will:
Conduct individual intake assessments with each party separately
Screen for family violence, power imbalances, and any safety concerns
Explain what mediation involves, what the certificate means, and what is expected of each participant
Determine whether FDR is appropriate in your specific circumstances
If mediation proceeds, I will facilitate a structured, child-focused process that gives both parties a genuine opportunity to be heard and to problem-solve. The goal is always resolution that works for your children, reached by you rather than handed down by a court.
If you reach agreement, I will help you document it appropriately. If you don’t, I will issue the certificate that honestly reflects what occurred and why.
The Bottom Line
Your mediation process is not a formality. It is your most important opportunity to take control of your family’s future before a third party, who does not know your children, your history, or your circumstances , is asked to do it for you.
If you want a mediation process that respects the law, protects your children, and gives you the best possible chance of an outcome you can live with, I’d like to work with you.
Resolve Well serves clients across regional Queensland and nationally via online mediation.