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FDR is a specific form of mediation.
In FDR an independent, impartial Family Dispute Resolution Practitioner helps the parties to resolve disputes arising from their separation, for example about parenting arrangements or property division.
FDR Practitioners complete specific training and must be registered to practice. They may also be nationally accredited as a Mediator.
FDR, and mediation more generally, help parties to resolve their differences and move forward – generally at much lower cost and in a shorter time than if the parties go to court. Parties who come to their own solutions through FDR can also experience enhanced on-going relationships, which is particularly important where children are involved.
If a person wants to apply to the Court for a parenting order (under Part VII Family Law Act), they must first attend FDR and seek a certificate under subsection 60I(8) of the Act.
The goal of FDR is for the parties to reach an agreement. However if the parties can’t agree, for example because one party refused to participate or did not make a genuine effort to resolve the dispute, the FDR Practitioner can issue a certificate that allows a party to proceed with their application to the Court for a parenting order.
The Court may take the FDR Practitioner’s certificate into account in considering whether to make an order for family counselling or dispute resolution or to award costs against a party.
While FDR is not compulsory in property division or other financial matters (such as spousal maintenance or child support), parties with these kinds of disputes can still benefit from attending mediation or FDR as it is generally cheaper and takes less time to get to a result than going to court.
Rose Laffan is a Nationally Accredited Mediator and a Registered Family Dispute Resolution Practitioner (Reg no: F2003480). She brings her extensive experience in family law to assisting parties to achieve the best outcomes for their circumstances and resolve their disputes.
Rose was admitted to practice as a solicitor in 2006 and has since practiced in family law since that time. She was awarded a Masters of Applied Law (Family Law) in 2012.
Please contact us at mediation@mullanelindsay.com.au if you have questions about our Family Dispute Resolution and mediation services and related costs.
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