About Family Dispute Resolution (FDR)/Mediation

---

FDR is a specialised form of mediation whereby a Family Dispute Resolution Practitioner (FDRP) helps people affected, or likely to be affected, by separation or divorce to resolve their disputes with each other.

FDRPs help parent, families and other affected parties to resolve disputes in relation to children and/or financial settlements. 

Throughout the process, the FDRP is independent of all parties involved in the process and remains impartial. 

The FDRP’s role is to facilitate discussions between the parties in relation to the disputed issue/s and is NOT to give legal advice, impose a result on any party or make decisions for any party. 

 Family Dispute Resolution provides an opportunity for parties in dispute to voice their issues and engage in productive and respectful discussions and negotiations. The many benefits of FDR have resulted in it becoming a highly sought-after alternative to legal proceedings. These benefits include:  

• Maintaining your relationship: An imperative aspect of mediating with families is maintaining relationships, despite the dispute/s. FDR strives at strengthening and sustaining your relationship by impartially engaging and respecting both parties, with the ultimate goal of a mutually pleasing outcome. 
• Confidentiality: Apart from safety exceptions, FDR is a confidential process, whereby parties feel more at ease discussing issues, without the concern of where these discussions will later be used e.g. in a court report. 
• Control: While the FDRP controls the FDR process, the FDR outcome and resolution is left to the parties. Thus, parties feel more satisfied with the outcome. Further, outcomes can be specifically tailored to parties’ individual and unique family situation. 
• Increased compliance: Unlike having an outcome imposed on parties in a court system, FDR allows parties to reach an agreeable outcome for everyone involved. As parties have a more active role in the outcome, the likelihood of adherence to the agreement significantly increases.
• Time saving: On average, a mediated settlement takes 2-4 sessions. This is vastly different to a court case that can take years to settle. Choice Mediations does not have the waiting lists and delays of a community service provider and can offer more flexible appointment times. 
• Cost saving: FDR is a highly cost-effective solution as it costs significantly less than legal fees. As FDR is a faster process, fees are also significantly reduced. 
• Legal enforceability without the costs: If developed into Consent Orders, a mediated agreement can be fully enforceable in an Australian Court of Law.

 The Family Law Act 1975 requires parties to attempt to resolve disputes before applying to court for Parenting Orders. As our practitioners are accredited with the Australian Attorney-General's Department, they are authorised to issue Section 60I certificates, which demonstrate that you have attempted FDR.
There are various circumstances under which a Section 60I certificate may be issued: 

1. A party did not attend FDR due to the refusal or failure of the other person or people to attend;  
2. The practitioner determined that it would not be appropriate to conduct FDR;
3. The parties attended FDR and all parties made a genuine effort to resolve the issue/s in dispute;  
4. The parties attended FDR, however one or more of them did not make a genuine effort to resolve the issue/s in dispute; 
5. The parties completed some FDR, however the practitioner then decided it was not appropriate to continue with FDR.

These circumstances and subsequent implications can be discussed with your practitioner.  The Certificate is valid for 1 year from the date of last attendance/attempted attendance.