WHAT IS FAMILY DISPUTE RESOLUTION?

Family Dispute Resolution Conferences (FDRC) help people talk about and hopefully resolve parenting and/or property disputes after separation. FDRC’s are run by a neutral third party called the Convenor or the Mediator. This person will assist you to suggest options for settling the dispute.

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The Convenor can provide a s60I certificate at the end of the conference if it is required.

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An FDR conference can happen at any time in a dispute either before a matter is in court or once court proceedings have started.

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Why should you attend a Family Dispute Resolution Conference?

1. Requirement Family Law Act 1975 and the Family and Federal Circuit Court of Australia Rules 2021

The Family Law Act 1975 requires parties with parenting disputes to attend FDR before making an application to the court for parenting orders. The FCFCoA Rules 2021 require the parties to have taken all reasonable steps to try and settle any dispute prior to commencing court proceedings and FDR is one of the steps that the parties may need to comply with.

2. Benefit to the parties

FDR allows you to talk about issues and reach your own agreement rather than the court imposing an arrangement on the parties. It also allows the issues in dispute to be spoken about honestly and openly even if no agreement can be reached. The FDR process is quicker, less expensive and less stressful that going to court.

 

Where is a Family Dispute Resolution Conference held?

A FDRC can occur in person when all parties attend an agreed suitable location.

FDR can also occur via phone or electronic means such as Zoom or Microsoft Teams.

 

Convenor - A Convenor is a neutral third party who will run the FDRC. The Convenor is a registered Family Dispute Resolution Practitioner or an accredited mediator. Most Convenor’s have significant Family Law Experience.

The Convenor’s role is to be realistic as to possible outcomes and proposals and to explore with the parties the likely outcomes if no agreement is reached. The Convenor cannot make any decisions or orders in your matter.

 

Confidentiality - Everything that is said at the FDRC is confidential and cannot be used in court. The only exception to this is if something is said at the FDRC that raises a concern about a party or a child. The Convenor may need to make a report to the Police or a child protection authority. If this does occur it will be discussed with you further at the FDRC.

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Cost - The cost of the FDRC and who will pay that cost will be agreed before the conference takes place.

Suitability and Exception to FDR attendance.

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Suitability - Most matters will be considered suitable for FDR unless exceptions apply. Under the FCFCoA 2021 rules the parties are expected to make all reasonable attempts to settle their matter before going to court.

 

Exceptions - Sometimes going to an FDR is not possible. Some exceptions that the court considers include:

• The matter is urgent. Eg one parent is withholding a child or children from the other parent.

• The matter involves allegations of child abuse or family violence.

• A delay in commencing court proceedings would create a risk of child abuse or family violence.

• It is impractical for the parties to attend FDR. Eg, one party cannot be contacted.

• A party is not able to participate in the process due to health issues including mental health issues.

• The issue in dispute is a beach of an existing order in the last 12 months.

You should seek your own legal advice if you think an exception may apply.

 

Consent Orders and Parenting Plans

If an agreement is reached the parties can decide if they wish the agreement to be Consent Orders or a Parenting Plan.

 

Consent Orders

• Consent Orders are made by the court at the request of the parties.

• If the matter is already in court the Orders are sent to the Judges Associate so the Judge can consider if it is appropriate to make the orders.

• If court proceedings have not started the parties can file an Application for Consent Orders with the court and the court can then make the Consent Orders if appropriate.

• Once the orders are made, they are legally binding and all parties must comply with the orders. There are penalties for breaching the orders.

 

Parenting Plans

A Parenting Plan is a written agreement between the parties which is signed and dated by both parties. A Parenting Plan can be an agreement on its own or it can be used to vary existing Orders. A Parenting Plan is not legally binding like Consent Orders but will always be considered an important document by the court if further disputes arise in the future.

 

No Agreement

If no agreement is reached the parties may need to seek their own legal advice as to what further legal options are available to them. A S60I certificate will also be issued if required.

 

S60I Certificates

This certificate is evidence to the court that you attended FDR to try and settle the dispute between you and the other party. The certificate can only be issued by a registered Family Dispute Resolution Practitioner. A certificate can be issued if:

1. The FDR did not occur due to the refusal or failure of the other party to attend the FDR.

2. The matter was not considered suitable for FDR.

3. The FDR was attended but no agreement was reached as one or both parties did not make a genuine effort to resolve the issues in dispute.

4. The FDR was attended and both parties made a genuine effort to resolve the issues, but no agreement could be reached.

5. The FDR was attended but was unable to continue.

A S60I Certificate is required to go to court to obtain parenting orders and is valid for 12 months from the date of issue.

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Safety 

FDR may still occur even if a current Family Violence Order is in place if the order allows for mediation.

The FDR can be conducted by shuttle. This means that if you are attending in person you and the other party will be in separate rooms and the Convenor will move between the rooms You will not be in the same room as the other party. If the FDR is by phone or electronic means the Convenor will speak with each party individually.

 

Preparing for a Family Dispute Resolution (FDR)

You will get the most benefit from the FDR if you consider some of the following before the FDR:

• Ho do my proposals support the best interests of our child/ren.

• How can the other party address some of my concerns.

• How is the current conflict between us impacting on our child/ren.

• How can the communication between us be improved.

• What are my options if no agreement is reached.

 

How long is the FDR?

Sometimes the parties agree to attend an FDR for the whole day. Other options are for a half day in the morning or afternoon. The length of the FDR will also determine the cost.

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Who attends the FDR?

• The Convenor

• You and the other party/ies

• Solicitors for the parties.

• The Independent Children’s Lawyer if one has been appointed.

• An Interpreter if one is required.

• Support person. Any other person, attending, including partners, must be by consent of all parties. A support person has a limited role and the Convenor may ask the support person to leave the FDR if they form a view that their presence is not assisting.

 

CHILDREN ARE NOT PERMITTED TO ATTEND FDR CONFERENCES.

 

Further Assistance

Parties may have a solicitor assisting them and attending the FDRC. If a party does not have a solicitor they can obtain free legal advice from their State or Territory Legal Aid Commission. All Legal Aid Commissions operate an advice and, or a Duty Solicitor service to assist parties without legal representation.

 

Further information about FDRC can be obtained through the FCFCoA website at www.fcfcoa.gov.au