Quick answer
If mediation or Family Dispute Resolution fails, the next steps are usually:
- understand what a Section 60I certificate means, or whether an exemption or different pathway applies
- get legal advice before escalating
- separate what is agreed from what is disputed
- consider consent orders for any agreement reached
- prepare documents and evidence if court becomes necessary
- keep communication factual and child-focused
Failed mediation is not the end. It is a fork.
The room did not fix it
You prepared. You sat there. You tried to sound reasonable. The other person rewrote history. The practitioner ended the session and now you have a certificate or a half-agreement that feels like wet cardboard.
So what now?
If court is the next step, read going to family court for the first time after this.
What the Section 60I certificate means
For many parenting matters, you generally need to attempt Family Dispute Resolution before applying to court, unless an exemption applies.
If the dispute is about parenting and Family Dispute Resolution does not resolve it, the practitioner may issue a Section 60I certificate. In many parenting matters, a Section 60I certificate or an exemption is needed before filing in court. The certificate is not a win. It is a procedural document showing what happened with FDR.
A Section 60I certificate may say things like:
- one person did not attend
- the practitioner decided the matter was not appropriate for FDR
- both attended and made a genuine effort
- both attended but one or both did not make a genuine effort
The certificate is not a moral scoreboard. It is a procedural key.
Note for Western Australia: in some WA matters involving children of parents who were never married, the certificate may be a section 66H certificate rather than a section 60I certificate. Check the current WA/federal pathway before filing.
Property and financial matters are a different lane from parenting matters. The Federal Circuit and Family Court pathway also uses Genuine Steps documents to show what has been tried before court, or why genuine steps were not appropriate.
Use Atlas Admin to document what was raised in mediation, what was not resolved, and what you need to prepare for the next stage.
What to do immediately after
Write three lists:
1. What was agreed
Even small agreements matter.
2. What remains disputed
Be precise. “Parenting” is too broad. “Changeover time on Sundays” is useful.
3. What evidence exists
Messages, calendars, school records, payment records, medical information, prior agreements.
Do this while the session is fresh.
Consent orders may still be possible
Sometimes mediation fails globally but still produces partial agreement.
If you have agreement on some issues, ask legal advice about whether consent orders are appropriate. Do not assume a verbal agreement will hold under pressure.
When court may be next
Court may be considered when:
- parenting issues cannot be resolved
- there are safety concerns
- one person refuses to engage
- orders are needed to create structure
- urgent issues exist
- informal agreements keep breaking
This is a legal advice moment. Not a group chat moment.
If family violence, coercive control, intimidation or serious power imbalance is involved, ask the FDR practitioner or a lawyer whether FDR is suitable, whether safeguards are needed, or whether an exemption pathway applies.
Common mistakes
Treating the certificate as victory
A certificate lets you move forward. It does not prove you are the reasonable one.
Running straight to court without a plan
Court requires documents, evidence, patience and money. Prepare before you file where possible.
Keeping the dispute too broad
Narrow the issue. The narrower the issue, the easier it is to prepare.
Sending a victory-lap message
Do not text your ex a courtroom trailer. Keep it factual.
The practical next step
Book legal advice. Bring the certificate, any draft agreements, your timeline and the list of unresolved issues.
The question is not “Who was right in mediation?”
The question is “What is the cleanest next step?”
Sources and resources
Last checked: 20 May 2026.
This article is general information, not legal, financial or medical advice. Check the current rules before acting on anything money, court or health related. If there is family violence, coercive control, risk to children, urgent housing risk or court orders in place, get professional advice before relying on a checklist.
