Mediation is a process in which the participants, together with the assistance of a neutral third party go through the issues in dispute in order to come up with options, and to help the participants reach their own agreement. There is no neutral decision maker and the outcome is up to the parties.

An important factor in mediation is that participants are both informed and empowered to make appropriate decisions for themselves.

This service will also facilitate lawyer-assisted mediations and work co-operatively with legal, financial and mental health professionals to enable a more holistic and supportive approach.

Important points to note with mediation –

Participants are responsible for their own decision-making. A mediator will not make a decision for you nor impose one on you. A mediator is not there to judge you or your position.

Mediators must be neutral and impartial. They cannot take sides. They can help you to explore family issues in an objective and positive way.

Mediators control the process and clients present the content. Mediators set the rules about how parties communicate and behave within the process.

Whilst mediation requires open and honest communication, there is also confidentiality within and outside the process.

Mediation focuses on the future, not past events. It is not counselling or therapy. It concentrates on resolving specific disputes.

Before FDR can commence, an assessment will be made to see whether FDR is suitable for your situation.

When FDR is not working, the FDR practitioner can suggest other options, such as family counselling.

What is Family Dispute Resolution?

The family law system encourages parents to try and agree on arrangements for their children without having to go to court.

Family dispute resolution (FDR) is a practical, less stressful and inexpensive way for separating families to sort out these arrangements with help from a FDR practitioner who can help you discuss issues, look at options and work out how best to reach agreement. FDR can help you to agree on a range of issues relating to property, money, and most importantly – your children.

FDR is sometimes referred to as ‘mediation’, and FDR practitioners as ‘mediators’.

Who can provide FDR?

Many professionals provide mediation, they may or may not have an appropriate qualification in mediation. Qualified mediators may or may not be accredited FDR practitioners.

Only FDR practitioners accredited by the Attorney-General’s Department can issue certificates under the Family Law Act 1975. FDR practitioners are trained in mediation and family law.

Is FDR compulsory?

You can only apply to a family law court for a parenting order when you have a certificate from an accredited FDR practitioner, which states that you have made a genuine effort to resolve your dispute through FDR. The requirement to participate in FDR applies to new applications, and applications seeking changes to an existing parenting order. There are some exceptions to this requirement, your FDR practitioner will ascertain whether you are exempt from the process.

Download my booklet ‘What is Family Dispute Resolution?’ here

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