What is it?
Family Dispute Resolution
Family Dispute Resolution (FDR) is a process designed to assist families in resolving conflicts and disputes outside of the court system. It aims to help families reach agreements on various issues, such as parenting arrangements, who the child lives with and how often they see their other parent, property division, and financial matters, in a cooperative and mutually acceptable manner.
FDR typically involves the assistance of a neutral third party, often referred to as a family dispute resolution practitioner (FDRP) or mediator. The role of the mediator is to facilitate communication and support the parents through the negotiation process, looking at all the options, exploring potential solutions. It is important to keep the best interests of the child as the focus. The mediator does not make decisions. The mediator works with both parents helping them to make agreements that will allow the family to continue to parent the best they can.
For the sake of your child
The best outcome for the child is for the parents to continue to work together.
This is called co-parenting. Co-parenting, in some cases, is difficult for parents to achieve. In those situations, the mediator encourages the parents to find ways they can find a basic parental alliance, to keep
the needs of the child as the focus. This is called child focused parenting.
Emotions can play a significant role in disputes, it is essential to manage them during mediation. Recognise and understand your emotions and strive to maintain a calm and respectful manner throughout the process. Effective communication is crucial to reach productive and sustainable agreements in mediation
It is important to note that FDR is not always suitable for all families. Particularly when there is domestic violence, child abuse, drug and alcohol problems, mental health issues or situations where there is a significant power imbalance between the parents. In these cases, the well-being and safety of the parents must be prioritised and they may be better served pursuing other legal options.
Begin the mediation process with an open mind and without fixed ideas that you will not compromise on. The best outcome for your child is for them to be able to see their parents continue to work together, even at the most basic level. Using language such as “I will not allow that” creates an environment with no room to negotiate.
The degree of success in any mediation is based on the willingness of the parents to make decisions in the best interests of the child and to work together collaboratively to ensure their child continues to live their best life.
Legal advice is always recommended prior to Mediation, and we will work with you and your legal team to ensure the best possible outcomes are reached, with the focus being on the best interests of the child.
The Benefits of FDR
Attempting mediation prior to going to court is legislated. The benefits of family dispute resolution include but are not limited to:
Confidentiality
FDR provides a confidential and private environment for discussions, which can encourage open and honest communication between the parents
Non-judgemental
The mediator doesn’t make any judgements; they provide a safe space to discuss issues. Everybody parents in their own way and the mediator encourages parents to explore all the options to reach sustainable agreements which ultimately keep the child safely going home to home knowing they are loved by both parents.
Cost-effective
Resolving disputes through FDR is generally less expensive than going to court, as it eliminates the need for lengthy legal proceedings and reduces associated legal fees.
Control
Unlike court imposed decisions, FDR creates an environment where parents have more control over the outcome and solutions can be tailored to suit the specific needs of the child.
Parental relationship
FDR focuses on maintaining and or improving the parental relationship and other relationships within the family. This is important for the ongoing welfare of the child.
Separation whilst difficult can also create new pathways for parenting and allows the child to see that their parents are working hard together to keep them happy.
Faster resolution
FDR often leads to a quicker resolution of disputes when compared to the court based system which is often burdened with delays due to the backlog and scheduling constraints.
A step by step guide to FDR
Either parent contacts the Mediator
Either party can begin the process.
Individual meetings
The Mediator meets with both parents individually prior to mediation to conduct a thorough assessment, to make sure mediation is suitable, and to explain the mediation process and the role of the Mediator.
Set a date
If mediation is assessed as appropriate, a date will be made which is suitable for both parents to attend a mediation session. Generally, these sessions can last up to three hours. In some cases, a second mediation may be necessary to reach agreements.
Make an agreement
Once mediation is completed, you will be given a copy of your agreements if any are reached, or alternatively, you will be issued a Certificate 60I to allow you to take the next step of trying to reach an agreement in the Family Law Court.
Any agreements reached during mediation can be written up as a Parenting Plan. These plans traditionally cover subjects such as the time a child spends with each parent, day-to-day responsibilities for each parent, holidays, special days, ongoing communication, and any subjects identified by the parents that they would like to include in their agreements. The plan, as it is agreed on, is a good will agreement and steps must be taken to ensure it is legally binding.
What is it?
Mediation
Mediation is a form of alternative dispute resolution (ADR) in which a neutral third party, known as the mediator, assists two or multiple parties to reach agreement resolving their conflicts or disputes. The mediator helps facilitate conversation guiding and supporting the parties towards mutually acceptable and sustainable solutions.
Mediation is a voluntary process; people attend mediation because they see it as a meaningful way to resolve their issues. There is no obligation to reach agreement and parties can choose to terminate the mediation at any time.
The mediator must remain neutral and impartial. Mediators do not take sides or make decisions on behalf of parties. The role of a mediator is to facilitate discussions, manage the mediation process and explore possible solutions.
Mediation is a confidential process which means what is said and discussed in mediation cannot be disclosed outside of the mediation process. This encourages open communication and allows parties to freely express their views and concerns.
Mediation typically takes place in a private setting, such as professional rooms or a conference room. The relaxed setting encourages conversation and reduces the adversarial nature often associated with traditional litigation. Mediation is a flexible approach that can be tailored to the specific needs and preferences of the parties involved. It allows for creative and customised solutions that may not be available through traditional legal processes.
Agreements reached in mediation are non-binding; they can be written up as an agreement. In order to legalise these agreements, they would need to be formalised through a separate legal process. If an agreement is signed and dated by both parents, it will be recognised as a Parenting Plan
Mediation can be used in many different contexts including family disputes, property settlements, workplace conflicts, and community issues. It is an effective process for resolving disputes in a wide range of settings. Mediation empowers the parties to have a greater say in the outcome and promotes a focus on conserving relationships, finding common ground and reaching mutually beneficial solutions.
Family Mediation
Family Dispute Resolution is one aspect of family mediation. Family mediation can help family members resolve conflicts and reach mutually acceptable agreements. The mediator will guide family members through the process of identifying and discussing their concerns in a safe environment. The mediator helps explore potential solutions and encourages the family members to find common ground. The goal of family mediation is to reach agreements that are satisfactory to all family members.
Property Settlement Mediation
Property settlements are a structured and confidential process. Mediation is a collaborative way to discuss the finances now and what is needed in the future. You do not need to wait until you are divorced to commence a financial mediation. Property mediation agreements are not legally binding unless you take legal steps to make them so. Legal advice is always recommended prior to commencing property settlement.
Workplace Mediation
Workplace mediation is a process of resolving conflicts or disputes that arise within a workplace environment. The mediator assists in facilitating open communication and finding mutually agreeable solutions between the involved parties. The goal of workplace mediation is to improve working relationships, promote effective communication, and enhance overall productivity and employee well-being.
Community Mediation
Community mediation is a form of ADR, helping to resolve conflicts and disputes within a community. The goal of community mediation is to provide a neutral and safe space for individuals or groups to address their conflicts in a constructive manner. Mediators typically help participants identify their interests, explore underlying issues, and find mutually acceptable solutions.
Tips to Prepare for Mediation
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