Frequently Asked Questions

  • Family Dispute Resolution (FDR) is a type of mediation focused on assisting separating families to reach agreements. The mediation is facilitated by an accredited Family Dispute Resolution Practitioner (FDRP) who is impartial and acts in a neutral role during discussions. During FDR, participants discuss the issues in dispute and consider different options for resolution.

    The main objective of FDR is to assist participants to reach agreement in relation to future parenting arrangements and/or the division of property and finances. FDR is a practical and low-cost way for separating families to reach agreement about their children and/or property with professional help.

  • Mediation is a two-step process:

    1. An individual intake appointment with a Family Dispute Resolution Practitioner (or Mediator) to hear about the history of the matter, any concerns you may have, and your ideas for resolution. This appointment is also for the Mediator to assess whether FDR is a suitable process in your circumstances.

    2. The mediation session, where both parties come together with the Mediator to discuss the issues in dispute, identify options for resolution and attempt to reach agreements on how to move forward.

    You can have as many or as few mediation sessions as you need.

  • Parents are required to consider the best interests of their children when making decisions about parenting arrangements. In determining the best interests of the child, any views expressed by the child, is a factor to be considered.

    Child Inclusive Mediation provides an opportunity for children to express their views on what is important for them. This helps parents to be child focused in their decision making, and helps children to feel heard and have their feelings validated.

  • Agreements reached in mediation are not legally binding. However, Parenting Plans will be considered by the Court and do have evidentiary value as to the intentions of the parents when the agreements were made.

    For many parents, a Parenting Plan meets their needs and provides a level of flexibility that works for the family.

    You and the other party may decide to have any parenting agreements reached during mediation drafted into a Consent Order, which is a legally binding document. You may need to obtain legal advice and assistance if you wish to proceed with this step.

    For property matters, particularly where superannuation is being transferred or 'split' as a result of agreements reached during mediation, you will need to have the agreement drafted into either a Consent Order or a Binding Financial Agreement. The superannuation fund will not be able to deal with superannuation without a legally binding document. Your lawyer can advise you on which is the best option in your circumstances.

  • Your safety and the safety of your child or children is of paramount importance. Please discuss any concerns you have with the Mediator during your individual intake appointment.

    Family Dispute Resolution may not be suitable in every case. Our Mediators assess for suitability during the intake and assessment process and continue to assess for suitability throughout the process.

    In assessing if a matter is suitable for FDR, the Mediator must consider Regulation 25 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 which requires a number of factors to be taken into consideration:

    • A history of family violence between the parties

    • The equality of bargaining power

    • The likely safety of those involved

    • The risk of abuse to any children

    • The emotional, physical, and psychologist health of the parties

    • Any other matter that the FDRP considers relevant

    If, after considering these matters, the Mediator is not satisfied that FDR is appropriate, they will not provide the service. The Mediator is not able to disclose the reasons as to why a matter has been assessed as unsuitable as it may be based on the confidential information obtained during the intake appointments or during the session.

    If your matter does not proceed to an FDR session, other options for resolving the dispute will be discussed with you.

    Your safety and wellbeing are important. The process can be adjusted to accommodate your needs, such as negotiating in separate rooms (“shuttle format”) or, if your mediation is held in person, arranging for you and the other party to arrive and depart at separate times.

  • The Mediator does not provide any legal advice, impose any outcomes or make any decisions. All parties are encouraged to seek legal advice at any time during the FDR process.

    The Mediator can give information about legal principles, research around child development and needs, and options of what other parents have done in similar circumstances.

  • We encourage you to include your lawyer in the process. Having a lawyer present during mediation can help you in reaching outcomes more quickly. Your lawyer can also provide you with advice on what you should propose, how to respond to any proposals from the other party, and explain what the Court may decide if your matter were to proceed to litigation.

    Your lawyer’s role is to act as an advocate for you, to provide legal advice and explain your rights and responsibilities. Your lawyer can also assist by drafting any agreements into orders.

    Your lawyer’s fees are separate to our process, and you will need to make arrangements directly with them for payment of any legal fees.

    If you would like your lawyer to attend the FDR session with you, please let us know and we will communicate with your lawyer when booking in your session.

  • The role of the Mediator is to facilitate discussion, help you identify options for resolution, and support both parties in reaching mutually acceptable agreements. Where there are parenting matters to be resolved, they can provide parenting information.

    The Mediator is impartial and does not take sides or force people to reach agreements. You will not be pressured into making agreements that you consider to be unworkable or unreasonable.

  • Please get in contact with us and we can discuss any questions or concerns you may have and arrange a time with you to complete an intake session.

    If you have a lawyer, you may also wish to discuss the invitation to participate in mediation with your lawyer and then contact us to discuss next steps.

    If you do not respond, or decline to participate, a section 60I certificate to this effect may be issued and provided to both parties.

  • Our Mediators are experienced in and have completed extensive training in working with families where family violence is involved.

    We will always seek information from you and the other party to best determine if it is safe to proceed to mediation.

    If there is an Intervention Order in place, you or the other party will need to provide us with a copy of this, so that we can see if the Order allows you to mediate. If the Order does allow for mediation, we will complete an intake session with each party and then decide if mediation is a safe and suitable process for you.

  • During mediation, you may reach agreement on some but not all matters. It may be useful to return to a subsequent mediation session once you have obtained further advice or had time to consider your options.

    Sometimes, parties will reach agreements on an 'interim basis', which means that they are comfortable in agreeing to short-term arrangements and may wish to return to a subsequent mediation to discuss longer term arrangements and consider how things have progressed whilst the interim arrangements were in place.

    If parties are unable to reach any agreements in relation to parenting matters, the Mediator can issue a Section 60I certificate. You will need this if you decide to go to Court.

    If you cannot reach any agreement in relation to a property matter, and decide to go to Court, you must file a Genuine Steps Certificate to show the Court that you have first attempted to resolve the matter through mediation.

  • The Family Law Act 1975 encourages parents to develop co-operative parenting arrangements without going to Court.

    Parents must attend FDR with a registered FDRP (Mediator) and make a genuine effort to resolve the dispute before making an application for parenting orders (unless exceptions apply).

    Failure to attend FDR may result in a Section 60I certificate being issued. The Court may take this into account in considering whether to make an order under section 13C of the Act referring the parties to dispute resolution. The Court may also consider whether to make a costs order under Section 117 of the Act against the party who did not participate in mediation.

    Families who have experienced, or are at risk of family violence or child abuse, may be able to seek an exception to the FDR requirements under the Act and apply directly to Court. Please seek legal advice if you think this applies to your situation.

  • Parties can request to bring a support person to a mediation session. The proposed support person needs to be pre-arranged and agreed to by all parties.

    We understand that mediation can be stressful and will often occur during a time of change and uncertainty. We encourage parties to seek support alongside the process.