Family dispute resolution (FDR) is an alternative dispute resolution process that helps family members resolve issues related to family law matters without having to go through the court process. In Australia, FDR plays a crucial role in the family law system by providing families with the opportunity to work out their differences in a more collaborative and less adversarial setting. In this article, we will explore what FDR is, how it works, the family law matters it can solve, how long it takes, its costs, and its importance as a necessary step before court proceedings.
What is Family Dispute Resolution?
Family dispute resolution (FDR) is a service designed to assist separated families or individuals in resolving conflicts, especially in family law disputes. It involves using trained, independent FDR practitioners to guide family members through discussions and negotiations aimed at resolving their disputes. The focus of FDR is to help parties reach mutually acceptable agreements, primarily around parenting matters, property settlements and financial matters following separation.
FDR is a voluntary and confidential process that encourages participants to work together, listen to each other’s perspectives, and find solutions that best meet the needs of all parties involved. The goal is to reach a legally enforceable agreement, often in the form of consent orders, without the need for court intervention.
How Does Family Dispute Resolution Work?
Family dispute resolution typically begins with both parties attending an FDR session, which can take place at a family relationship centre or another designated dispute resolution service. The FDR process is facilitated by an accredited FDR practitioner who is an independent person trained in managing disputes. The practitioner’s role is not to make decisions for the parties but to guide them through the process, help them understand the issues, and encourage them to make their own decisions.
FDR can be used for various types of family law disputes, such as parenting disputes, property settlements, and child support issues. The process usually involves joint discussions, though in some cases, the FDR practitioner may use a shuttle mediation approach, where the parties are in separate rooms, and the practitioner moves between them to facilitate communication.
During the session, the FDR practitioner may provide information and suggest potential solutions, but they do not offer legal advice. If the parties reach an agreement, the FDR practitioner will help document the terms, which can then be turned into legally enforceable parenting orders or consent orders if appropriate.
What Family Law Matters Can FDR Solve?
Family dispute resolution services are primarily used to resolve family law disputes related to:
- Parenting disputes: These can include matters regarding parenting time, visitation, parental responsibilities, and child support. Family dispute resolution can help parents agree on parenting plans that outline how they will care for their children post-separation.
- Property settlement: FDR can also be used to resolve disputes related to the division of property and financial matters following separation. This can include the division of assets, superannuation, and financial support.
- Child support: FDR services can assist separated families in agreeing on child support arrangements, including the amount and frequency of payments.
FDR is suitable for most family law disputes, but it may not be appropriate in cases involving family violence, child abuse or where there are concerns about the safety or well-being of the participants.
How Long Does Family Dispute Resolution Take?
The length of time required for family dispute resolution can vary depending on the complexity of the issues and the parties’ willingness to reach an agreement. On average, a mediation session can take between 1 and 4 hours. Some family dispute resolution services may offer multiple sessions if required.
If both parties are genuinely willing to attempt family dispute resolution, it is possible to reach an agreement in just one session. However, the process may take longer for more complex matters or where multiple issues need to be addressed.
How Much Does Family Dispute Resolution Cost?
The cost of family dispute resolution services can vary. Many family relationship centres are government-funded and offer FDR services at little to no cost. However, if a private family dispute resolution practitioner is involved, there will be higher fees. It is important to check the fees and policies before engaging with a service.
Some services may also offer legally assisted FDR, where a private lawyer provides support to one or both parties to help them navigate the process. The cost of these services will vary depending on the lawyer’s rates.
Why is Family Dispute Resolution a Necessary Step Before Court Proceedings in Australia?
In Australia, before starting court proceedings related to parenting matters, individuals are generally required to attempt family dispute resolution (FDR) under the Family Law Act. The only exceptions are in cases of family violence or child abuse, where the safety of the parties is at risk.
The requirement to attempt FDR before going to court aims to reduce the burden on the family law courts and encourages families to resolve their disputes in a less adversarial way. It allows parties to reach agreements on their own terms rather than having decisions imposed on them by a judge.
By attempting FDR, separated families also have a better chance of reaching a more sustainable and workable agreement, which can lead to more effective and long-term solutions for all parties, particularly children.
Matters That Are Not Suitable for Family Dispute Resolution
While FDR is effective in many family law disputes, certain matters may not be suitable for this process. Some of the cases where FDR may not be appropriate include:
- Family violence: If there is a history of domestic violence or family violence, FDR may not be suitable. The presence of intimidation, fear or coercion can hinder genuine efforts at negotiation.
- Child abuse: If there are concerns about child abuse or neglect, FDR is not suitable, as these issues need to be addressed through other legal processes, such as child protection services or the courts.
- Urgent matters: FDR may not be appropriate in situations where there is an immediate need for court orders, such as preventing the removal of a child from Australia.
If FDR is not appropriate for your situation, you should seek advice from a lawyer to determine the next steps to resolve your matter.
How to Find a Good Family Dispute Resolution Practitioner
When looking for a family dispute resolution practitioner, it is essential to choose someone who is accredited and experienced in dealing with family law disputes. Accredited FDR practitioners can be found through your family law firm, the Attorney General’s Department FDR registry or by contacting a Family Relationship Centre for referrals.
A good FDR practitioner should be impartial, able to facilitate productive conversations and skilled in managing complex family dynamics. Additionally, ensure that the practitioner has experience in the specific area of your dispute, such as parenting disputes or property settlement.
Benefits of Family Dispute Resolution
There are numerous benefits to using family dispute resolution services, including:
- Cost-effective: FDR is generally less expensive than going to court, especially if it results in a mutually acceptable agreement.
- Less stressful: Unlike the court process, which can be lengthy and adversarial, FDR offers a more collaborative and less stressful approach.
- Confidentiality: The FDR process is confidential, which means that any discussions or agreements made during the sessions cannot be used in court if the matter goes to trial.
- Faster resolution: FDR can often resolve disputes more quickly than waiting for a court hearing, allowing families to move forward with their lives.
- Greater control: Participants in FDR have greater control over the outcome of their dispute and are more likely to be satisfied with the result.
What Happens if You Can’t Solve Your Matter in Family Dispute Resolution?
If the parties cannot reach an agreement during family dispute resolution, the matter can be taken to court. In such cases, the FDR practitioner will issue a section 60I certificate, which allows the parties to proceed with court proceedings.
However, many parties find that even if they do not reach an agreement in FDR, the process helps them better understand each other’s position and can make the eventual court process more efficient.
An Essential Resource For Resolving Australian Family Law Matters
Family dispute resolution is a vital tool for resolving family law disputes in Australia. It offers a more cost-effective, collaborative, and less stressful alternative to the court process. Whether you’re dealing with parenting disputes, property settlements, or child support issues, FDR provides families with the opportunity to resolve their disputes in a way that benefits all parties involved.
If you’re facing family law issues, it’s important to attempt family dispute resolution as a first step if your matter is suitable for FDR. Reach out to your nearest family law firm or an accredited FDR practitioner for guidance. Remember, resolving disputes through FDR not only helps you avoid the court system but also fosters healthier, more positive relationships for you and your family.
If you need help finding a family dispute resolution service or advice on your next steps, contact our team.