Navigating a relationship breakdown is complicated and overwhelming when figuring out what steps to take at all the correct times during the separation, particularly when children are involved.

What is Family Dispute Resolution?

Family Dispute Resolution (FDR) is a special family mediation process covered under the Family Law Act 1975.

It is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution before applying to a family law court for parenting orders.

The parties to a Family Law dispute involving Property Division and/or Parenting arrangements must take genuine steps to resolve the conflict between them before starting Court proceedings, except in cases of violence or risk of violence, urgency and other exceptional circumstances.

The exemptions to this requirement include the following:

• When you are formalising an agreement through ‘Consent Orders’.

• Where family violence or child abuse is a factor.

• When you are responding to an application to Court.

• Urgent issues.

• When a person is unable to participate effectively (for example, due to incapacity or geographical location).

• When a person has contravened and seriously disregards a court order made in the last 12 months.

The main objective of FDR is to assist participants in making a parenting plan setting out the agreed future parenting arrangements.

Unlike counselling, FDR does not focus on the emotional side of relationships. It concentrates on resolving specific disputes.

After a relationship breakdown, discussions about dividing property and future care for children can become very emotional. People may need to use a more formal mediation process with an accredited Family Dispute Resolution practitioner in these situations.

What is Family Mediation?

Mediation is widely recognised as an excellent process for separated couples when trying to agree on what will work best for them regarding Parenting Arrangements, Property Division, Child Support or short-term issues holding up negotiations.

Mediation can assist a separated couple in discussing legal issues with a neutral third party (qualified Mediator) acting as a chairperson who will keep communications flowing effectively. 

Mediation is a voluntary process that you must consent to participate in. 

Mediation is part of the Family Court process:

• Assist you and your ex-partner to keep the conversation future-focused to reach an effective agreement about how you will both deal with the legal issues arising from the separation. 

Why engage in Mediation?

• Where parties have attempted Mediation before going to Court, the Court will usually refer them to try further Mediation once the proceedings are underway.

• Mediation is frequently Ordered at various stages in Court proceedings to encourage parties to reach an agreement.

• The Court requires you to take genuine steps to resolve the dispute, which includes attempting Mediation.

There is a strong incentive for parties to agree to go to Mediation as, where a party refuses to attend, they may be Ordered to pay the other party’s legal costs when Court proceedings start.

Benefits of Mediation?

The benefits of Mediation (rather than going to Court) include:

• All communications during the process must remain confidential, leaving you free to negotiate without the fear that what you said will be used in Court against you.

• You remain in control of the process.

• You get to speak for yourself in a safe environment. 

• Your Mediator acts to help you and your ex-partner to avoid the obstacles that generally affect productive communication between you.

• Mediation does not need to be used by itself but can be used to assist and expedite legal negotiations.

Why do you need a lawyer?

Issues arising after separation are incredibly time sensitive. Letting things drag behind can be to your detriment. 

Starting from a strong place with clarity armed with expert advice will help you get ahead of important decisions early on. 

Our legal team can assist you in achieving the best plan and outcome for your family by:

• Tailoring our advice to your specific circumstances.

• Informing you about how the Australian family law framework works and what you need to do given your situation.

• Advising you about the benefits of reaching an early agreement with your ex-partner.

• Advising you on what issues need to be addressed and what constitutes a fair outcome.

• Document the terms of any informal agreement you and your ex-partner have made so you can be protected in future.

• If you have an agreement in writing signed by you and your ex-partner, this will not stop your ex-partner from making a further claim in future. 

In some cases, interventions such as Mediation are unsuccessful, and Court proceedings become necessary. 

If you are experiencing family law issues, our specialist team will assist you in navigating the court process.