What is Family Dispute Resolution?
Family Dispute Resolution is used to assist divorcing or otherwise separating couples to form agreements for the division of assets and debts, as well as child custody, child support and child-raising issues. Family Dispute Resolution is always recommended and typically required before court action is commenced to save time, money, and emotional stress.
It is an expectation in any litigated matter that the parties use all opportunities to resolve disputes both before, during, and after proceeding. Utilising dispute resolution services can provide affordable and timely alternatives to resolving disputes
Our mediation lawyers have extensive experience in advising, guiding, and representing our clients in family law mediation and family dispute resolution. We offer realistic, honest, and level-headed advice to our clients to prepare and guide them through the negotiation process.
Who is Family Dispute Resolution for
Family Dispute Resolution can be applied to a wide range of situations including:
- Separated parents and other family members in conflict over children
- Individuals who need to find a permanent solution to their dispute
- Separating couples who require help to end conflict and learn how to resolve future disputes in a business-like manner
- Parents who are having trouble communicating and reaching agreements about their children
- Separated couples who are unable to reach an agreement about property and financial settlements
- People who have been ordered by the court to attend counselling, mediation, or reconciliation before attending court
- Separated parents who would like to try to mediate with their solicitor’s involvement
What Does a Family Dispute Resolution Practioner Do?
Family law mediations are conducted by accredited Family Dispute Resolution Practitioners (FDRPs). Family Dispute Resolution Practitioners have extensive knowledge of the family law process, and their role is to help facilitate mediation through a child-focused approach. FDRPs are highly trained in handling sensitive cases and will guide you to the best possible option for your situation.
A FDRP will:
- Determine whether FDR is the right process for your situation. In the case of Apprehended Domestic Violence Orders (ADVOs) for example, it may be unsuitable to proceed.
- Gather the necessary information from you and answer any questions you may have about the process or the service.
- Give both parties information that will help them prepare for family dispute resolution and guide them through the process.
- Facilitate negotiations of parenting arrangements and division of assets
- Reduce the potential cost and emotional stress of achieving mutually acceptable outcomes in a timely manner
A FDPR won’t
- Provide legal advice
- Take sides
- Share information with the other party without consent
East Coast Law has a team of accredited mediators, FDRP, and solicitors to assist you in all areas of dispute resolution. Please contact our friendly team to discuss engaging our mediation and FDRP services.
What if Family Dispute Resolution Doesn’t Work?
It is expected that people involved in family law disputes only make an application to the Court when there is no other available means of resolving their dispute. If it is safe to do so, parties must first attempt mediation before commencing Court proceedings.
If mediation relating to parenting is unsuccessful, the parties can request a s60i certificate. This certificate must be provided to the Federal Circuit and Family Court of Australia when making an application for parenting Orders.
Want to learn more about Family Dispute Resolution?
We have a team of accredited mediators and FDRPs who can both facilitate solicitor-assisted mediation or party-to-party mediation either before, during or after Court proceedings are commenced.
We understand that the resolution of parenting matters and the division of assets is often the most emotionally challenging aspect of a divorce or separation. Our approach is one of care and empathy, guiding our clients and representing their interests to ensure a smooth, efficient, and fair outcome can be reached.
Contact us today to speak to one of our Solicitors about how Mediation and Family Dispute Resolution could be right for you.