5 Alternative Dispute Resolutions to Family Court That Work in Australia

Alternative Dispute Resolutions

If you’re going through a separation or family dispute, heading straight to court isn’t your only option. In fact, alternative dispute resolution (ADR) methods are increasingly used across Australia to help families resolve issues without the delays, cost, and stress of the courtroom.

These options focus on collaboration and finding solutions that work for everyone involved — especially where children are concerned. Here are five proven alternatives to family court that can help you move forward with more control and less conflict.

1. Mediation

Mediation is one of the most widely used forms of alternative dispute resolution in Australia. It involves an independent, trained mediator helping both parties discuss their issues and find common ground. The mediator doesn’t take sides or make decisions but guides the conversation to keep it respectful and focused.

This process can be used for parenting arrangements, property settlements, or any issue arising from a relationship breakdown. It’s usually quicker and more affordable than court proceedings and often required before applying to family court for parenting matters.

Key takeaway: Mediation helps you and the other party work out your differences with the guidance of a neutral third party — often leading to faster, more flexible outcomes.

2. Family Dispute Resolution (FDR)

Family Dispute Resolution is a specific type of mediation designed for separating families. FDR practitioners are accredited professionals trained to help parents resolve disputes related to children, parenting time, and communication. This process is more structured than standard mediation and often involves additional support, such as parenting plans or legal advice.

Participating in FDR is generally required before applying to the court for parenting orders, unless exceptions apply (e.g., in cases involving family violence or urgency).

Key takeaway: FDR is a practical and commonly used process to resolve parenting and relationship issues before involving the courts.

3. Arbitration

Arbitration is a more formal alternative where both parties agree to let an independent arbitrator make a binding decision about their dispute — typically related to property settlement. It works much like a private court process but is faster and more flexible in terms of scheduling and location.

You and the other party present your case, and the arbitrator makes a legally enforceable decision. While not used for parenting matters, arbitration is effective for resolving complex financial disputes without going to court.

Key takeaway: Arbitration gives you a binding outcome on financial matters without the delays and formality of a court hearing.

4. Collaborative Practice

Collaborative law allows you and your former partner to work through issues with the support of specially trained lawyers, without the threat of litigation. Everyone commits to resolving matters outside of court. Other professionals, like financial advisers or child psychologists, can also be involved as part of the process.

If negotiations break down, both parties must hire new legal representation before going to court, which helps maintain a genuine commitment to settlement.

Key takeaway: Collaborative practice puts you in control of the process with legal support — encouraging cooperation over conflict.

5. Conciliation

Conciliation is commonly used by the Federal Circuit and Family Court of Australia for property and financial disputes. It involves a registrar or a legally trained conciliator who helps both parties identify the issues and explore options for agreement. Unlike mediation, the conciliator may provide legal information or suggest likely outcomes based on their experience.

Conciliation can occur early in the court process, but it’s also available outside of court through community legal centres or private providers.

Key takeaway: Conciliation blends legal guidance with negotiation to help you reach a fair agreement, especially in financial matters.

You don’t need to step into a courtroom to resolve family disputes. Australia offers several effective alternative dispute resolution options that allow you to stay in control of the outcome and reduce the emotional and financial toll of separation. Each method suits different situations — whether you’re sorting out parenting time, dividing assets, or working through communication breakdowns.