Dispute Resolution – Australia

Prior to making an application for Family Dispute Resolution to the Family Court or the Federal Magistrates Court to obtain parenting orders, a child’s parents are required to participate in compulsory family law Dispute Resolution Australia to attempt to reach agreement upon satisfactory arrangements for the children.

In the event that such family dispute resolution Australia is not successful in effecting an agreement the accredited resolution practitioner (“ADR Practitioner”) will issue a “Section 60I” Certificate which will then enable one or other of the parents to make an application to a Court for Family Dispute Resolution.

There are some exceptions to this general requirement where there is the abuse of a child or family violence.

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Family Dispute Resolution Information

FDR means Family Dispute Resolution

FDRP means Family Dispute Resolution Practitioner

Q: What is the purpose of Family Dispute Resolution?

A: FDR provides a safe environment in which parents can discuss issues which remain unresolved or which remain unresolved between them.

FDRP’s are impartial and provide assistance to the participants to reach long-term agreements which are in the best interests of their children.

Issues addressed in Family Dispute Resolution

Separating parents often face a range of issues which they need to resolve for the benefit of their children and themselves. These issues include living arrangements for children, education, achieving effective communication as parents, child support, health care, holiday arrangements and a variety of other parenting issues.

When is FDR appropriate?

FDR is appropriate for separating or separated parents and other family members who want to make a genuine effort to resolve their conflicts. It is the role of FDRPs to ensure that the parties are able to negotiate freely and that participation in FDR does not place any party at risk.

Is FDR compulsory?

The Family Law Act now requires separating parents to make a genuine effort to resolve their parenting disputes by family dispute resolution before applying to the Court for a Parenting Order.

Section 60(I) certificates

The Courts require a Certificate about the outcomes of the attempted family dispute resolution to be filed with an application for parenting orders EXCEPT in cases where exemptions apply. Exemptions include cases where there is violence or child abuse. Family Dispute Resolution practitioners can issue Certificates.

When is FDR inappropriate?

FDRPs are required to make assessments as to whether or not FDR is appropriate in each case. They must consider issues such as family violence and emotional, psychological and physical health concerns in making such assessments. If an FDRP considers that FDR is not appropriate in relation to a particular matter, the law requires that the matter not proceed.

Is FDR a confidential process?

FDR is generally a confidential process, with all participants requested to keep all matters raised during the process strictly between themselves. Some exceptions do apply, such as where FDRPs may be required to disclose certain information in accordance with applicable law.

Advantages of FDR

FDR can enable parents to resolve issues in dispute and to jointly develop agreements for the future. Research indicates that children manage better if their parents can find a way to co-operate about parenting. FDR is relatively cost and time-effective and can be an alternative to expensive and stressful legal proceedings.

The First Session

The first session includes an assessment which involves each party meeting separately with the FDRP for about an hour. The purpose of this session is to confirm whether or not FDR continues to be appropriate and is likely to produce the outcomes sought by the part by parties and the FDRP to explore further issues which have been identified as being likely to be addressed in the FDR process.

The Second (Joint) Session

The second (joint) session, which is attended together by the parties and two FDRPs, could last up to three hours. This time allows for issues to be identified and explored, options to be generated and agreements to be reached. These sessions often include breaks and times when the parties are able to speak privately with the FDRPs. Additional joint sessions may be required depending on the number and complexity of the issues to be resolved and the capacity of the parties to reach an agreement.

Documenting agreements reached

If requested by the parties, the FDRPs will document agreements reached in a parenting plan. If the parties wish to make their agreements legally binding they can arrange for those agreements to be lodged as consent orders with the Family Court.

The children’s involvement

It is recognised that best practice requires that the needs and interests of children be the most important factor in determining parenting arrangements. Consequently, the best interests of children are central to the FDR process. While all FDR is child-focused, in appropriate circumstances and where both parties agree, the perspective of the children can be obtained by means of an interview or interviews of the children conducted by an expert child consultant. This is known as Child Inclusive practice.

Are there costs?

Costs for mediation are charged at the hourly rate of $200.00 per hour per person (plus GST). Generally, the cost of the mediation, from start to finish, is unlikely to exceed $2,000.00 plus GST which is shared equally by both parties.7

The FDRPs

The FDRPs each possess one or more degrees in appropriate disciplines and have undertaken expert training in dispute resolution so as to satisfy relevant requirements set out in the Family Law Regulations. Other than in respect of the first (assessment) session, two FDRPs will facilitate the FDR process. In most instances, the FDR team will be gender balanced (ie, there will be a male and a female FDRP). If a party so requests, however, consideration will be given to an FDR process facilitated by two FDRPs of the same gender.

Venues and Appointment Times

Clive Mills Family Law Mediation can arrange mediation throughout the Sydney metropolitan area and throughout much of New South Wales. Various venues which Clive Mills Family Law Mediation arranges for FDR to occur are listed on our website.

Legal Advice

Clive Mills Family Law mediation does not provide legal advice. It is recommended that participants to FDR obtain their own independent legal advice before and, if appropriate, during the FDR process. It is also recommended that parties obtain legal advice from solicitors experienced in family law matters.

Additional Information

As well as the information provided in this website, FDRP’s are required by the Family Law Act as well as the Family Law Regulations to provide additional information in connection with FDR.

Call us on (02) 9199 0737 or send an email to cjm@cmalegal.com.au for assistance.