Tools & Tips

Family Dispute Resolution (FDR) is a Mediation process where an independent and impartial practitioner assists parties to resolve their family disputes. This method focuses on improving communication, fostering mutual understanding and reaching amicable agreements without the need for court intervention.

FDR can assist with various family-related disputes, including: Parenting arrangements Property settlements and divisions (and/or other relevant financial matters) Child support and maintenance Co-parenting communication breakdowns Spousal maintenance and spousal support

– Cost-effective: FDR is typically less expensive than going to court. - Time-saving: Resolving disputes through FDR can be faster than the court process. – Confidential: Discussions in FDR are private and cannot be used as evidence in court. - Control: Parties have more control over the outcome compared to a court decision. - Less adversarial: FDR promotes cooperation and reduces conflict, which is especially beneficial for children involved.

Anyone who is a party to a dispute can use Mediation. You should be willing to meet with the other party to resolve the dispute.

Mediation is appropriate at any stage of a dispute and does not require an underlying legal matter. Participating in Mediation early in a dispute can assist with reducing conflict and ongoing costs.

A 60I certificate is a document required by the Family Law Act before you can apply to the court for parenting orders. It shows that both parties have attempted to resolve their parenting dispute through family dispute resolution (FDR). The certificate is issued by an accredited FDR practitioner and confirms one of the following: - One or both parties attended FDR but could not reach an agreement. - One party did not attend. - The practitioner determined FDR was inappropriate, such as in cases of domestic violence. Without a 60I certificate, you generally cannot commence court proceedings for parenting orders, except in cases involving urgency, family violence, or other specific exemptions.

We understand that many parents need to move forward with legal matters urgently. Our service is designed to help you obtain a 60I certificate fast—often within 5 business days. Here's how we can assist: 1. Initial Consultation: We will assess your case, guide you through the process, and explain if FDR is appropriate or if you qualify for an exemption. 2. Family Dispute Resolution Session: If mediation is needed, we quickly arrange a session with an accredited FDR practitioner. If the other parent refuses to attend or engage, we can still issue the 60I certificate. 3. Issuance of Certificate: After the FDR session or assessment of an exemption, we issue your 60I certificate, enabling you to proceed with court applications if necessary.

If parents are unable to reach an agreement during family dispute resolution, the FDR practitioner will issue a 60I certificate indicating that no agreement was made. This allows you to proceed with a court application for parenting orders. It’s important to note that FDR is a voluntary process, and while it encourages cooperation, it is not always possible to resolve every dispute. If mediation doesn’t work, or if it’s deemed inappropriate due to circumstances like family violence, you can take the next steps through the legal system

The length of Mediation is dependent on the circumstances of the matter including the complexity and amount of parties involved. The average Mediation lasts approximately 6 hours.

- Understand Your Goals: Know what you want to achieve from the process. - Gather Documents: Bring relevant documents, such as financial records or parenting plans. - Be Open to Compromise: Be prepared to discuss and negotiate in good faith. - Consider Legal Advice: Obtain independent legal advice to understand your rights and obligations.

1. Intake and Assessment: After you have completed the initial questionnaire and returned it to us, you will attend a telephone discussion with the Family Dispute Resolution Practitioner ("FDRP") to discuss your situation and determine if FDR is suitable. The FDRP will answer any questions you have and briefly explain the mediation process. 2. Mediation: The Mediation session is conducted at the location agreed between the parties, during which the FDRP guides the discussion in order to facilitate negotiations in an attempt to reach a mutually beneficial resolution. 3. Agreement: If an agreement is reached, the terms of this agreement can be documented into a written agreement; however, you would need to speak with a lawyer to obtain advice on how to make this agreement legally binding.

· FDRP, parties and Solicitors/Barristers (if any) and support persons (if any). · Parties may request that a support person attend the Mediation with them. However, the support person will be required to sign a confidentiality agreement.

The FDRP guides the parties toward their own resolution. The FDRP does not determine the outcome, but assists the parties to focus on the important issues to reach a resolution.

No. It is advisable that parties obtain legal advice before and after the Mediation session. You can also bring a Solicitor to your Mediation.

If the parties reach an agreement, the FDRP can assist with preparing the agreement in writing and each party will then sign the Mediation agreement and receive a copy. However, this is not legally binding. It is strongly recommended to seek legal advice in order to be fully advised on the options available to you in order to make your agreement legally binding.

· If the parties are unable to resolve the dispute, they can either continue discussions through a Solicitor to try an reach an agreement, or they can commence court proceedings. · Even if the parties are unable to reach an agreement, Mediation can help narrow the issues that the parties/the court may need to consider.