Family Dispute Resolution
You and your separated partner are encouraged and required to attend Family Dispute Resolution (“FDR”) (also referred to as mediation) to try to resolve (if possible) post-separation issues, in relation to parenting and property prior to commencing Court proceedings, save for in circumstances where it is not safe to do so, a party has refused to participate, or the matter is urgent. Family Dispute Resolution practitioners (“mediators”) are experienced in dealing with conflict between separated partners. Mediators will assist and support you, to communicate with your partner, what are the issues that are of concern to you, and to express your views with a view to achieving a compromised outcome.
FAMILY DISPUTE RESOLUTION CAN BE PROVIDED BY:
Relationships Australia - a low cost alternative; or
Private Family Dispute Resolution Practitioners.
Depending on the circumstances of your case, we may recommend that one of these two options is preferred. You can attend Family Dispute Resolution with your partner with or without legal representation.
A joint mediation can take place by shuttle if you are not comfortable being in the same room as your partner, that is, with each of you in separate rooms and the mediator will shuttle between you.
If agreement cannot be reached at Family Dispute Resolution, or your matter is not deemed appropriate for Family Dispute Resolution for whatever reason, the Family Dispute Resolution Practitioner will issue a certificate called a section 60I certificate. The parties then have the right to issue Court proceedings, should they wish to do so.
