Family Dispute Resolution (FDR) is designed to help families resolve disputes in a collaborative and constructive way. Whether the focus is on parenting arrangements, property division, or both, FDR provides a safe environment for open discussions and negotiation, facilitated by an experienced and impartial practitioner.
Registered Family Dispute Resolution practitioners (FDRPs) are trained to help you find sustainable levels of agreement in your dispute. They are able to provide to the Court an often legally-required Section 60i Certificate under the Australian Family Law Act (1975). This Certificate indicates to the Court if a genuine effort to resolve the dispute has been attempted by parents.
FDR allows you to agree to post-separation children’s arrangements and property division between yourselves. In many cases, this step is mandated by Courts to attempt agreement, particularly on children's arrangements, prior to Court processes. Such an agreement can:
- Avoid a stressful, emotionally draining and potentially lengthy Court process;
- Help you both retain a significant influence on outcomes rather than submit control to the Court;
- Allow you to get on with living your life without waiting for Court availability;
- Build a progressive foundation for longer-term co-parenting agreements;
- Save you each an average of tens of thousands of dollars in legal costs; and
- Arm you with personal ability and legal flexibility to evolve your co-parenting.
WE OFFER....
Parenting And/Or Property Mediation
Parenting and/or Property Mediation focuses on helping separating or separated parties reach agreements regarding parenting arrangements for their children, the division of property, or both, in a structured and collaborative process.
Child Inclusive Mediation
Child-inclusive mediation involves one of our child consultants, Dr Rayleigh Joy or Liz Katona, meeting with the children to understand their perspectives and needs, followed by a feedback session with parents to share insights and support child-focused decision-making.
Single-Issue Mediation
Single-issue mediation focuses on resolving a specific, standalone disagreement that arises between parties, such as selecting a school for a child or addressing a particular decision, by providing support to navigate and overcome that specific sticking point.
Gender-Balanced Co-Mediation
Male/female gender-balanced co-mediation involves two mediators, one male and one female, working together to provide their perspectives and create a neutral, inclusive environment for resolving disputes.
Cross-Cultural and Culturally Adaptive Mediation
Cross-cultural and culturally adaptive mediation involves tailoring the mediation process to respect and integrate the cultural backgrounds, values, and communication styles of all parties, ensuring a culturally sensitive and inclusive approach to resolving disputes.
What is our philosophy?
We aim to create a safe space in which to discuss and find mutual agreement on ways forward from where you are. We prioritise mutually respectful debate and diplomacy.
We are child-focused. It is important to us – and central to the Family Law Act – that the agreement you reach is in the best interests of your children.
Frequently Asked Questions
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Do I have to, by law, undertake FDR?
Please refer to your specific legal advice. In many (but not all) cases, the Court will not progress a family dispute case involving children until FDR has been undertaken and a Section 6OI certificate submitted to the Court by a registered FDRP.
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How do I undertake FDR?
We first do a 45-minute telephone interview (an “intake”) separately with each parent to assess whether FDR is appropriate for you. If we believe it is, and you are both independently agreeable to progressing, an appointment can be made for FDR.
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Is this process confidential?
Yes, what is discussed in FDR is not disclosed by FDRPs to anyone except if there are criminal or safety concerns that warrant alerting authorities. With the above caveat, nothing that is discussed in FDR is admissible in Court.
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Should I get legal and financial advice before undertaking FDR?
Yes, we strongly recommend you do both. Arrive at FDR as informed as you can be, so that you have sufficient understanding and confidence to progress towards agreement.
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Do I have to, by law, include property in FDR?
Generally no, unless specifically directed by the Court. However, depending on your circumstances and attitude, the dispute resolution process applied to co-parenting disputes may also help in alleviating property disputes faster and at lower cost than conventional legal routes.
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Can I bring my lawyer with me to FDR?
Yes, if you believe it will help with progressive and mutually respectful negotiations. Regardless, any draft agreement reached between parties would be finalised by your respective legal representatives at your instruction, together with the FDRPs’ Section 6OI certificate, before submission to Court for endorsement.
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Can I bring other (e.g. family or friend) moral support to FDR?
Yes, if you wish. Note that the number of support people permitted in negotiations, and their ability to contribute to a collaborative process, are determined at the discretion of the FDRP.
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How long does it take to get a date for FDR?
It varies depending on the time of the year and how busy everyone is, but around three to four weeks is normal. This allows time for you to get legal and financial advice before attending FDR. For property agreements, you may require more time to be adequately prepared, and we would encourage it.
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How do I find out more?
Please contact our office and a comprehensive pack including options for FDR structure and cost will be sent to you via email.