If you’re trying to sort out parenting arrangements and mediation fails, you’ll usually be issued a Section 60I certificate by the accredited Family Dispute Resolution (FDR) practitioner. There are 5 different types of certificates that you could be issued, each one is relevant for specific issues that can arise during mediation.

These certificates confirm that:

• Both parties attended and tried to resolve the matter, or
• One party refused or failed to attend, or
• Mediation was deemed inappropriate due to concerns like family violence or safety.

This certificate is a requirement before you can apply to the Federal Circuit and Family Court of Australia, unless your situation qualifies for an exemption (e.g. urgent matters, family violence, or risk to the child).

After mediation breaks down, it’s wise to speak with a family lawyer.

They can help you:

• Understand your legal position
• Prepare your paperwork properly
• Advise you on the best next steps, whether that’s applying for parenting or property orders, or considering another pathway to resolution

Proper advice early on can save you time, money, and unnecessary stress down the line.

If no agreement is reached, the next step is filing an application with the Family Court. Depending on the issue, you might be applying for:

• Parenting Orders: to determine who the child lives with, how much time they spend with each parent, and other key decisions
• Property Orders: to divide assets, debts, and superannuation
• Interim Orders: to put temporary arrangements in place while waiting for a final hearing

You’ll need to file the appropriate forms and supporting documents, including the Section 60I certificate if it’s a parenting matter.

Once your application is lodged:

• A first court date will be set. This is often procedural and may lead to interim decisions.
• The court may order further mediation, reports (e.g. a family report), or expert assessments.
• If an agreement is still not reached, the matter proceeds to a final hearing, where a judge will make binding decisions based on the best interests of the child or fairness in financial matters.

Even after mediation fails and court proceedings begin, you can still reach an agreement. In fact, many cases settle before reaching trial. If you do settle, you can apply for Consent Orders to formalise the agreement without needing a judge to decide for you.

When mediation fails, it doesn’t mean all hope is lost, it just means the matter might need more formal steps to be resolved. With the help of a Section 60I certificate, legal guidance, and court processes, you can still find a path forward. The key is to stay focused on solutions that serve the best interests of the children and provide fair outcomes for everyone involved.