What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is the legal name for family mediation. It is a process for people who want to resolve issues that come under the Family Law Act, relating to arrangements with children, parenting, property and other issues arising out of divorce or separation.
It aims to help you and your ex-partner discuss issues, look at options and work out the best way of moving forward now that you are living separate lives. FDR can be used to discuss arrangements for your children. The mediator will ask you to consider what is in the child or children’s best interests when working with you in family dispute resolution. You can also use FDR to effectively negotiate a settlement of property and assets. What are the advantages of FDR? FDR can help you and your ex-partner to agree on solutions that suit both of you and your children, taking into account their particular needs. The FDR process is practical, confidential, less time consuming and far more affordable than a court procedure. |
What if I want to have my day in court?
The Family Law requires all applicants to the Family Court for parenting orders to have made a ‘genuine effort’ to resolve the issues at FDR (mediation) before applying to the court. This means that mediation is now mandatory before you can go to court for parenting orders. There are exceptions where there is family violence or child abuse.
If one or both parties wants to pursue the issues through the Family Court, after meeting with the parties our mediators can provide a certificate under Section 60(I) of the Family Law Act. This certificate is a way of letting the court know that the parties have attempted to resolve their issues in mediation but this was unsuccessful or unsuitable.
The Family Law requires all applicants to the Family Court for parenting orders to have made a ‘genuine effort’ to resolve the issues at FDR (mediation) before applying to the court. This means that mediation is now mandatory before you can go to court for parenting orders. There are exceptions where there is family violence or child abuse.
If one or both parties wants to pursue the issues through the Family Court, after meeting with the parties our mediators can provide a certificate under Section 60(I) of the Family Law Act. This certificate is a way of letting the court know that the parties have attempted to resolve their issues in mediation but this was unsuccessful or unsuitable.
What is the FDR process?
What is the process after I contact you?
The first step is for you to meet with a mediator one on one, in a private session. The other parent will not be there at this time. The meeting usually takes one to one and a half hours, and is an opportunity for you to get to know the mediator and to ask him or her any questions you may have. The mediator will also explain the process to you at this time.
At this private session, the mediator will give you the opportunity to tell your side of the story. This might be extremely difficult because it may be the first time you will be telling your story to a stranger. The mediator will listen to you and show you respect and empathy. It is important to remember that the mediator is not a counselor though. He or she may suggest you meet with a counselor or family support person. The mediator can also not give you legal advice, and will recommend that you seek independent legal advice, if you haven’t already done so.
Importantly, at this first session the mediator needs to assess whether the case is suitable for mediation. For this reason, you may be asked some personal questions about your safety, now and in the past, and the safety and well being of your child or children. We take your safety very seriously, and if you have any concerns about your safety, or if the issue arises at any stage of the process, it is important that you let the mediator know. For example, if you would prefer not to be in the same room as the other parent, you should discuss this with the mediator.
The other parent will also have a private session with the mediator at a separate time. Anything you say to the mediator in this private session is confidential and will not be said to the other parent. The mediator won’t even be able to tell you if he or she has met with the other parent yet.
What happens at the joint mediation session?
After both parents have had a private meeting with the mediator, if it has been decided that the case is appropriate for mediation, the mediator will organise a time for the first joint mediation session to take place. At this joint session, the mediator’s job is to facilitate a conversation between you and the other parent. The mediator won’t give advice or make any decisions for you. Their role is to identify the issues you want to discuss, reduce obstacles to communication, explore options and assist you to reach voluntary and mutually agreeable resolutions, if at all possible. If you come to agreements, the mediator will assist you to write these down, and send you a typed copy of the agreements reached within a few days.
What will it be like in the mediation?
The mediator will do his or her best to make the session casual and relaxed. It is not a courtroom and the mediator is not a judge. The room will be set up with a desk and a whiteboard and you will be given as many breaks as you need. We will also have water and chocolate!
It can of course be stressful and uncomfortable meeting with your ex partner, but if at all possible, we find that mediation is most successful if both parties try and respect the other person and allow them to speak their mind, as much as possible. The mediator will ensure that you both get the opportunity to say everything that you want to say.
Either parent has the right to stop the mediation temporarily or permanently if is isn’t working for them. The mediator may also end the session if they think it is necessary or appropriate.
It can be a very stressful and emotional time for you and your family while you are going through family dispute resolution. The mediator can’t also be your counselor, and so for this reason it is often a good idea to seek family support elsewhere, concurrently or before or after commencing the dispute resolution process. The mediator can give you a list of useful contacts which includes some names of counselors and family support organisations. Click Here for our list of additional resources.
Can we include our children in the mediation?
We do not recommend that the children physically attend the mediation as this can be very stressful and difficult for them, and you. We are able to conduct "child-inclusive mediation", which means the children have a voice in the mediation without physically attending the mediation. To do this, we refer the child or children to a child psychologist or child consultant who specialises in helping children of separated families. After meeting with the children, the consultant will report back to the parents during a mediation session about how the children are coping and make any recommendations for future parenting arrangements that he or she has assessed as suitable in the circumstances. We can discuss this option with you at your private session. Let us know if you think this might be useful in your case.
Will our agreements be legally binding?
If you come to mutually agreeable resolutions you will have various options available to you about what you do with those agreements. Firstly, you can choose to keep the agreements as goodwill or voluntary agreements. This means that they are not legally binding, but you can change them as you will. The second option available to you is to take the agreements you reach in mediation to a lawyer and have them converted into consent orders, which means they are rubber stamped by the court. This then makes the agreement legally enforceable. You are able to get contravention orders if necessary. An order can be determined by the court or by consent. This is called consent orders. You can discuss this with your lawyer.
A Parenting Plan is somewhere in the middle of a goodwill agreement and court orders. A Parenting Plan is a written agreement between two parents, which is signed and dated. It is voluntary and can be changed at any time, as long as it is agreed to by both parents. It is not legally binding, however if you have to go to court over disagreements the court will be obliged to consider the terms of the most recent Parenting Plan when making its orders in relation to a child. The court will also consider the extent to which the parents have complied with their obligations. If you have a court order since 1 July 2006, you and the other parent can agree to change those arrangements by a Parenting Plan, instead of going back to court.
Your Parenting Plan could cover the daily responsibilities of each parent, the arrangements with the children, and how you and the other parent will go about deciding the big issues related to the children, such as religion, school etc.
The first step is for you to meet with a mediator one on one, in a private session. The other parent will not be there at this time. The meeting usually takes one to one and a half hours, and is an opportunity for you to get to know the mediator and to ask him or her any questions you may have. The mediator will also explain the process to you at this time.
At this private session, the mediator will give you the opportunity to tell your side of the story. This might be extremely difficult because it may be the first time you will be telling your story to a stranger. The mediator will listen to you and show you respect and empathy. It is important to remember that the mediator is not a counselor though. He or she may suggest you meet with a counselor or family support person. The mediator can also not give you legal advice, and will recommend that you seek independent legal advice, if you haven’t already done so.
Importantly, at this first session the mediator needs to assess whether the case is suitable for mediation. For this reason, you may be asked some personal questions about your safety, now and in the past, and the safety and well being of your child or children. We take your safety very seriously, and if you have any concerns about your safety, or if the issue arises at any stage of the process, it is important that you let the mediator know. For example, if you would prefer not to be in the same room as the other parent, you should discuss this with the mediator.
The other parent will also have a private session with the mediator at a separate time. Anything you say to the mediator in this private session is confidential and will not be said to the other parent. The mediator won’t even be able to tell you if he or she has met with the other parent yet.
What happens at the joint mediation session?
After both parents have had a private meeting with the mediator, if it has been decided that the case is appropriate for mediation, the mediator will organise a time for the first joint mediation session to take place. At this joint session, the mediator’s job is to facilitate a conversation between you and the other parent. The mediator won’t give advice or make any decisions for you. Their role is to identify the issues you want to discuss, reduce obstacles to communication, explore options and assist you to reach voluntary and mutually agreeable resolutions, if at all possible. If you come to agreements, the mediator will assist you to write these down, and send you a typed copy of the agreements reached within a few days.
What will it be like in the mediation?
The mediator will do his or her best to make the session casual and relaxed. It is not a courtroom and the mediator is not a judge. The room will be set up with a desk and a whiteboard and you will be given as many breaks as you need. We will also have water and chocolate!
It can of course be stressful and uncomfortable meeting with your ex partner, but if at all possible, we find that mediation is most successful if both parties try and respect the other person and allow them to speak their mind, as much as possible. The mediator will ensure that you both get the opportunity to say everything that you want to say.
Either parent has the right to stop the mediation temporarily or permanently if is isn’t working for them. The mediator may also end the session if they think it is necessary or appropriate.
It can be a very stressful and emotional time for you and your family while you are going through family dispute resolution. The mediator can’t also be your counselor, and so for this reason it is often a good idea to seek family support elsewhere, concurrently or before or after commencing the dispute resolution process. The mediator can give you a list of useful contacts which includes some names of counselors and family support organisations. Click Here for our list of additional resources.
Can we include our children in the mediation?
We do not recommend that the children physically attend the mediation as this can be very stressful and difficult for them, and you. We are able to conduct "child-inclusive mediation", which means the children have a voice in the mediation without physically attending the mediation. To do this, we refer the child or children to a child psychologist or child consultant who specialises in helping children of separated families. After meeting with the children, the consultant will report back to the parents during a mediation session about how the children are coping and make any recommendations for future parenting arrangements that he or she has assessed as suitable in the circumstances. We can discuss this option with you at your private session. Let us know if you think this might be useful in your case.
Will our agreements be legally binding?
If you come to mutually agreeable resolutions you will have various options available to you about what you do with those agreements. Firstly, you can choose to keep the agreements as goodwill or voluntary agreements. This means that they are not legally binding, but you can change them as you will. The second option available to you is to take the agreements you reach in mediation to a lawyer and have them converted into consent orders, which means they are rubber stamped by the court. This then makes the agreement legally enforceable. You are able to get contravention orders if necessary. An order can be determined by the court or by consent. This is called consent orders. You can discuss this with your lawyer.
A Parenting Plan is somewhere in the middle of a goodwill agreement and court orders. A Parenting Plan is a written agreement between two parents, which is signed and dated. It is voluntary and can be changed at any time, as long as it is agreed to by both parents. It is not legally binding, however if you have to go to court over disagreements the court will be obliged to consider the terms of the most recent Parenting Plan when making its orders in relation to a child. The court will also consider the extent to which the parents have complied with their obligations. If you have a court order since 1 July 2006, you and the other parent can agree to change those arrangements by a Parenting Plan, instead of going back to court.
Your Parenting Plan could cover the daily responsibilities of each parent, the arrangements with the children, and how you and the other parent will go about deciding the big issues related to the children, such as religion, school etc.