Family Dispute Resolution
What is family dispute resolution?
Family dispute resolution (FDR) is the process where parties can attend upon an accredited family dispute resolution practitioner (FDRP) to help resolve their family disputes.
Before filing with court for parenting orders parties need a certificate issued by a FDRP unless they have an exception.
What is the process?
Before the FDR process your FDRP will conduct an intake to assess if FDR is suitable for mediation.
If your matter is suitable for mediation a FDR will be arranged at a suitable time for both parties and the FDRP.
FDR will usually be conducted by phone or via zoom due covid-19 restrictions.
The FDR process encourages parties to discuss issues, explore options, and help reach agreements in a confidential forum.
What are the costs?
The costs for FDR vary with different services or organisations. The costs for FDR is generally shared however one party may decide to pay for the mediation themselves.
What happens at FDR?
Your FDRP will usually start the process with an opening and cover the ground rules and important information that needs to be provided at a FDR.
Parties will each have an opportunity o discuss their concerns and issues and what brought them to mediation. An agenda is then prepared and explored. There maybe private sessions.
Parties explore the agenda points and generate options and agreements.
Agreements can be drafted into heads of agreement, parenting plans or formalised into consent orders by the parties’ lawyers.
What happens if you can’t resolve your issues?
If you have attended FDR and haven’t been able to resolve your issues and still need to go to court for parenting orders then you will need a certificate from your FDRP.
Section 60i certificates can also be issued if FDR is not appropriate or if one party refuses to attend FDR.
Do I have to have a lawyer with me?
Parties can attend FDR with or without their lawyer, however it is generally recommended that legal advice is sought and obtained as to propposed parenting arrangements and any agreements reached.
Benefits of FDR?
FDR allows parties the opportunity to resolve their disputes with their former partner or spouse in a confidential forum, saving time, money and the stress of further litigation.
For further information please do not hesitate to contact our accredited FDRP Rene Forshaw on 9620 1379