What is Family Dispute Resolution (FDR)?
FDR assists and supports parents and people experiencing separation to communicate with each other about issues relating to their children and/or property division.
At Better Pride, we understand that separation can be a difficult time for families. It is important to us that everyone who engages with our service feels safe and comfortable to take part and participate effectively in these discussions. Sessions can take place in person, or via video or telephone. The Family Dispute Resolution Practitioner (FDRP) may facilitate conversations between the participants jointly or separately.
Our Family Advisors and Family Dispute Resolution Practitioners are skilled at working with separated couples. All our FDRP’s are accredited with the Attorney General’s Department. Their role is to help participants focus on their children’s needs, what is important to them, and help parents achieve workable agreements by facilitating child and future-focused discussions.
Who uses Family Dispute Resolution?
FDR is used by:
- separated parents and families who are looking for a practical, child-focused approach to resolving post separation disputes that they are unable to settle on their own.
- grandparents or other significant people in the children’s lives who would like to have time or communicate with the children.
- separated couples who want to discuss and negotiate post separation financial matters (please see our section on property mediation for more information)
You can learn more on our case studies of how Eliza (FDR Team Leader) has supported separating parents through mediation on our podcast page.
Why do Family Dispute Resolution?
When parents separate, the Commonwealth Family Law Act (1975), requires them, in most instances, to attempt Family Dispute Resolution before initiating court proceedings for parenting matters.
FDR provides an opportunity to have facilitated discussions about children and/or finances and supports participants in trying to reach an agreement. FDR can be far less costly and time consuming than a court process and focuses on positive outcomes for families.
Reaching an agreement and having a written Parenting Plan in place, may reduce the risk of children being exposed to conflict between parents going forward. It can also help parents provide children with stability and routine. FDR is voluntary so no one is forced to participate. There is no pressure to come to an agreement in mediation or talk about issues that you don’t feel comfortable discussing.
Confidentiality
FDR is governed by the confidentiality provisions under the Family Law Act (1975). This protects the information a participant shares with the Practitioner and the discussions that take place in the mediation session/s themselves. Nothing will be disclosed to anyone else without your consent, except if there is a risk to any person or property, or a risk of harm to children.
All participants are asked to complete a consent form when they engage with our service, and an Agreement to Mediate form must be signed by all participants prior to the mediation session proceeding. Any third parties present for the discussions, such as support people, are also required to sign a document agreeing to maintain confidentiality.
What will the Family Dispute Resolution Practitioner (FDRP) do?
A FDRP will:
- Listen: Gather the necessary information from you and answer any questions you may have about the process or the service.
- Assess: Determine whether FDR is the right process for your situation.
- Prepare: Give both parents information that will help them prepare for family dispute resolution and guide them through the process.
- Offer Referrals: Identify appropriate referrals for legal advice, counselling, income support or other assistance if required.
What if the matter needs to go to Court?
If the other parent does not want to participate in FDR, if FDR is assessed as not being the right forum for your matter, or if you are unable to reach an agreement through this process, the FDRP can issue a s.60i certificate which can be used to file a court application. For property mediation, letters of attendance can be provided.
What can FDR do?
Family Dispute Resolution can help separated couples:
- negotiate parenting arrangements
- consider the parental responsibilities of each parent
- navigate complex issues and have difficult conversations
- negotiate mutually acceptable outcomes
- reduce the emotional impact of separation by potentially avoiding a court process
- reduce legal costs and potentially achieve an outcome in a timelier manner
- divide property and discuss financial matters
What can’t FDR do?
FDR can’t:
- provide legal advice or tell people what they should or shouldn’t agree to
- take sides or make judgements about either party
- share information with the other party without consent
Appointments for FDR
You can access the Better Place Australia Family Dispute Resolution service by telephone and video appointments, or face-to-face at the following sites:
- Cheltenham
- Croydon
- Oakleigh
- Narre Warren
- Traralgon
- Wyndham Vale
Resources
Family dispute resolution – Fact sheet.
Supporting children through separation – Fact sheet.
