When families face separation, disagreements about parenting arrangements, property, or finances can arise. The good news is that going to court isn't the only option for resolving these disputes. The family dispute resolution process offers a more collaborative and less stressful way to settle disagreements.
Family dispute resolution (FDR) is a form of mediation that helps separated families work through issues like child custody and property division with the guidance of an independent FDR practitioner. This process aims to keep families out of court, encouraging both parties to reach an agreement that suits everyone involved, especially the children.
To ensure you're prepared, our best family law and divorce mediation lawyers have put together this article to walk you through the key information about the family dispute resolution process, from learning what is family dispute resolution and what to expect during a session to what happens after the mediation. We'll also cover important questions, such as who pays for the process and whether it's confidential.
What is dispute resolution?
Dispute resolution, sometimes referred to as alternate dispute resolution in family law, is a way for people to resolve disagreements without going through lengthy and stressful court proceedings.
In family law, dispute resolution is used to help settle issues that arise when the family unit breaks down. Issues such as parenting arrangements, property division, and financial matters may need to be resolved. Mediation is one of these types of dispute resolution methods but what is mediation? This involves the assistance of a mediator, a neutral third party, who helps to facilitate conversation and understanding, with a goal of reaching a mutually acceptable agreement that resolves the issue between the parties. In the family law world, a common type of mediation used is family dispute resolution (FDR) – which we will discuss in more detail shortly.
Family counselling
Family counselling is a service that helps families manage the emotional challenges of separation or divorce. While family dispute resolution focuses on resolving specific disagreements, family counselling is more about providing emotional support to help families navigate the changes they are facing.
In some cases, family counselling can work alongside dispute resolution. It may help parents communicate better or work through their emotions, which can make the dispute resolution process smoother. While not the same as family dispute resolution, counselling can play an important role in helping separated families manage stress and conflict.
Family dispute resolution
Family dispute resolution is very similar to mediation in that it is used to help resolve disputes without going to court, however, it is specifically to address family issues that arise from a separation. It is most commonly used to settle disagreements about parenting arrangements, but it can also be used for property division and financial matters.
Many people believe that upon separation you apply to the court and the court will make decisions about parenting arrangements and property matters, however, under the Family Law Act 1975, FDR is required before parents can apply for parenting orders in the family law court, except in cases where there are concerns about family violence or child abuse.
The beauty of FDR is that it allows families to take control of their decisions rather than relying on a court to make them. This method encourages open communication and negotiation, focusing on what's best for everyone involved, especially the children. It also allows people to maintain more control over the outcomes of these matters. If an agreement is reached, it can be formalised into a parenting plan or consent orders, ensuring that both parties are legally bound by the decisions made.
Generally, FDR is less costly and time-consuming than going to court, making it an attractive option for many separating couples. To learn more, read our ultimate family dispute resolution cheat sheet.
Post-separation parenting programs
Post-separation parenting programs are designed to support parents after a separation, helping them navigate their new roles and responsibilities. These programs focus on improving communication between parents and understanding the needs of their children during and after the separation.
While family dispute resolution helps with legal and practical matters, post-separation parenting programs provide guidance on the emotional aspects of co-parenting. These programs often cover topics like:
- Effective communication strategies
- Conflict management
- Understanding the impact of separation on children
- How to create a positive co-parenting environment
Parents can attend these programs voluntarily, or they may be referred as part of the dispute resolution process.
What are the benefits of dispute resolution?
Family dispute resolution offers several benefits over traditional court proceedings. It focuses on collaboration rather than confrontation, helping families resolve disputes in a more respectful and constructive way. Some key benefits include:
- Cost-effective: The dispute resolution process is generally much cheaper than going to court. Court proceedings can be lengthy and expensive, while FDR sessions are often more affordable and quicker.
- Less stressful: Resolving disputes in a non-adversarial setting is less stressful for everyone involved. It can help reduce tension, especially when children are part of the equation.
- Confidentiality: Unlike court proceedings, which can be public, the dispute resolution process is confidential. This means the details of your discussions stay private, which can provide peace of mind for both parties.
- Greater control: Families have more control over the outcome, as they are encouraged to reach agreements that work for them.
- Better for children: The focus of family dispute resolution is often on the best interests of the children, helping to create parenting arrangements that work for them without the need for lengthy court battles.
Overall, family dispute resolution services aim to provide a less confrontational and more supportive environment for resolving disputes, leading to better outcomes for separated families.
When does dispute resolution happen?
Family dispute resolution usually takes place before any court action is started. According to the Family Law Act, separated families are required to make a genuine effort to resolve their disputes through FDR before applying to the family law court for parenting orders or property settlements. This is to encourage families to come to their own agreements rather than rely on a court decision.
However, there are exceptions. If there are concerns about family violence, child abuse, or other safety risks, families may be exempt from attempting family dispute resolution and can proceed directly to the court process.
Typically, dispute resolution is initiated when both parties agree to participate, or when they are referred to FDR by their legal representatives or a family relationship centre. The timing of FDR can vary based on each family's situation, but it is often one of the first steps after separation when decisions about parenting or finances need to be made and the parties are unable to do so privately.
Who pays for the dispute resolution?
The cost of family dispute resolution can vary depending on the service provider. Some family dispute resolution services are government-funded, meaning there may be little to no cost for families, especially if they meet certain criteria. For example, Family Relationship Centres offer free or low-cost services to help families navigate disputes.
Private family dispute resolution practitioners and services may charge fees based on their rates, and these costs are usually split between both parties unless agreed otherwise. It's important to check the centre's fees policy or discuss costs upfront with your chosen service provider.
In some cases, families may also be eligible for legal aid, which can help cover the costs of FDR sessions. The Family Relationship Advice Line is a helpful resource to contact for information about available services and cost options in your area.
What documents should you take to dispute resolution?
When attending a family dispute resolution session, it's important to come prepared with the right documents to ensure the process runs smoothly. The exact documents you'll need may vary depending on the nature of the dispute, but some common ones include:
- Parenting plans: If you have an existing parenting plan, bring a copy to help guide discussions about your children.
- Financial documents: In cases where property or financial disputes are involved, you may need documents like bank statements, property valuations, or details of any debts.
- Agreements reached: If you and the other party have already made partial agreements, bringing those along can help speed up the process.
- Court orders: If there are any existing court orders, such as interim parenting orders or financial arrangements, you should have copies ready for review.
It's always a good idea to check with your FDR practitioner ahead of time to confirm what documents are needed for your specific situation. The better prepared you are, the easier it may be to resolve disputes efficiently and ensure all relevant information is considered.
Can children be involved in dispute resolution?
In some cases, children's views can be included in the family dispute resolution (FDR) process, but it depends on the circumstances. While children do not usually attend mediation sessions directly, there are child-inclusive options where their thoughts and feelings can be taken into account.
A specially trained FDR practitioner or dispute resolution practitioner can talk to the child separately, and their input can then be shared with the parents during the dispute resolution process. This ensures that the child's best interests are considered without placing them in the middle of the conflict.
It's important to note that involving children in this way is only done when it's considered beneficial and safe for the child. In cases involving family violence or high conflict, it may not be appropriate for children to be involved in any way.
Overall, child-inclusive FDR helps ensure that parenting arrangements reflect what is in the best interests of the child, focusing on their wellbeing and needs.
Is dispute resolution confidential?
Yes, the family dispute resolution process is generally confidential. This means that what is discussed during the sessions cannot be used as evidence in court, with some exceptions. The confidentiality of family dispute resolution is designed to create a safe space where both parties feel comfortable discussing their issues openly and honestly without fear of the information being used against them later.
However, there are a few exceptions to confidentiality. If there are concerns about family violence, child abuse, or any immediate risk of harm, the FDR practitioner may be required to report this to the appropriate authorities. Additionally, if both parties agree, certain information may be shared, such as when formalising an agreement into consent orders.
What happens after dispute resolution?
After a family dispute resolution (FDR) session, there are a few possible outcomes depending on whether the parties were able to reach an agreement:
- Agreement reached: If both parties come to an agreement, this can be formalised in a parenting plan or consent orders. A parenting plan is a written agreement about the care of the children, while consent orders are legally binding and approved by the court. This ensures that both parties are obligated to follow through with the agreed-upon arrangements.
- No agreement: If the parties are unable to resolve their disputes during FDR, they will receive a certificate from the FDR practitioner. This certificate is necessary to show that a genuine effort was made to resolve the issues before taking the matter to court. In some cases, additional FDR sessions may be scheduled to try again.
- Further steps: If the dispute isn't resolved, the next step may involve starting court proceedings to have a judge decide the outcome. While this is often a last resort, having gone through the dispute resolution process first can show the court that both parties attempted to resolve their issues outside of the courtroom.
How can Unified Lawyers help?
At Unified Lawyers, we understand that separation and disputes that may arise as a result of separation can be incredibly challenging for families. Our team of experienced family law professionals is here to guide you through the family law mediation and dispute resolution process with care and expertise.
We can assist in many different ways, including helping you to prepare for family dispute resolution, helping you understand your rights and responsibilities in accordance with Australian Family Law, as well as helping to support you in reaching fair and sustainable agreements about parenting, property and financial matters.
Our priority is to help families resolve disputes as smoothly and amicably as possible, while ensuring that the outcome is in the best interests of everyone involved, especially the children.
If you're facing family disputes and want to explore your options through family dispute resolution, the top lawyers in Sydney here at Unified Lawyers are here to help. We're committed to providing clear, compassionate, and effective legal advice to guide you through every step of the process.
Reach out to our team today for a no-obligation consultation and let us help you move forward with confidence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
