FAMILY DISPUTE RESOLUTION

What is Family Dispute Resolution (FDR)?

Family Dispute Resolution (FDR) is the legal term for the services that helps couples affected by separation and divorce to mediate their family disputes. FDR can help you to agree on a range of issues relating to property, money, and most importantly – your children.

You may have reached a point where you cannot agree on issues concerning your children, property, or finances. You may not be able to talk to each other at all.

Family dispute resolution can help you to solve these matters, and, if you are able to resolve your differences through family mediation, you will save yourself stress, time and money, and you will not have to endure a costly and stressful Court process. 

During the Family Dispute Resolution process, we provide clients with the support to overcome issues and also develop acceptable solutions, that potentially lead to mutually satisfactory agreements.

Is Family Dispute Resolution compulsory?

Family Dispute Resolution (FDR) is compulsory when the parties need to resolve disputes relevant to their children under the age of 18 years old (parenting matters).

They are now required to attend Family Dispute Resolution, and also make a genuine effort to resolve their issues through mediation, before they can access and progress through the Court system.

You will be able to apply to the Family Law Court to seek a parenting order, if you are issued with a certificate under the Family Law Act 1975, from an accredited FDR practitioner stating for example that the parties made a genuine effort to resolve your dispute through FDR (but their issues could not be resolved through mediation).

What are the exceptions? 

You do not need to participate in mediation if:

• You are applying for consent orders
• You are responding to an application
• The matter is urgent
• There has been, or there is a risk of, family violence or child abuse
• A party is unable to participate effectively (eg, due to incapacity or georgaphical location), or
• A person has contravened and shown a serious disregard for a court order made in the last 12 months.

The role of family dispute resolution practitioners

Throughout the Family Dispute Resolution process, we cannot provide you with legal advice, but we will explore general principles that could potentially help the parties to resolve their issues.

We may give guidance in relation to children and parenting matters, focusing on the best interests of the child.
However, we will always remain impartial and fair to both parties.

Our main focus is the future, and also on helping both parties resolve their disputes.

The process is confidential, within the execeptions and limits of the law, such as to prevent a threat to someone's life or health or the commission of a crime.

What is said during FDR cannot also be used as evidence in Court.

However, an FDR practitioner has the obligation to report child abuse or anything that indicates a child is at risk of abuse, and this may be used as evidence in some circumstances.

What you can expect during mediation?

During Family Dispute Resolution, the parties will have the opportunity to express their views, and they will also be able to discuss and explore the issues that are important and that the parties wish to be resolved and settled.

Participants must be willing to listen to the other party, be genuinely ready to compromise and also committed to reaching a solution.

Participants must be prepared to follow the process and the rules laid down by the Family Dispute Practiitioner.

How does the Dispute Resolution process work?

Usually, there are two phases in any mediation: the preliminary individual assessments of each party, and the mediation session itself.

The preliminary individual assessments

Before FDR can commence, an assessment will be made to see whether FDR is suitable for your situation.

At the end of the assessment we also explain how the mediation session will work, and we normally discuss what would be suitable for you to bring to the mediation session to make sure that the mediation is productive.

The mediation session

If, following your Preliminary Assessment, we determine that mediation would be appropriate for you, you will then go on to participate in a joint mediation session. 

During this session, we will meet with both parties (and potentially any support persons) together, to work with you and assist you to make decisions that are in the best interest of your child.

We will remain impartial and will not take sides throughout the whole process. We can help you to explore family issues in an objective and positive way.

Unlike counselling, FDR does not focus on the emotional side of relationships. It concentrates on resolving specific disputes.

FDR can help both parties to discuss issues, look at options, and work out how best to reach agreement.

Importantly, you can use FDR sessions to develop a parenting plan to set out arrangements for your children. We will also check that everyone understands what is being said and agreed upon.

At any stage during the mediation session, and if we think this could help the parties to better negotiate and find a way to settle their matters, we may interrupt the mediation and ask to meet with each party individually, so the parties involved have the chance to consider the issues and explore options confidentially and in private.

When FDR is not working, we can can suggest other options, such as family counselling. 

You will then usually complete the mediation by negotiating terms, which will be writen down and signed by the parties if you wish.

Benefits of Family Mediation

Family dispute resolution has many benefits including:

• A saving in money and time as it is less costly and faster than the court process
• The promotion of co-operation and communication, which enhances the ongoing parenting relationship
• The provision of a structure in which future disputes can be resolved more readily
• The individual's control in the decision-making process is maintained as there are no imposed decisions
• Less stress or trauma than court proceedings
• A more effective means of conflict resolution and greater longevity as people are less likely to breach agreements that they have made themselves.