Family Dispute Resolution is the terminology used to describe family mediation in the Family Law Act context where there are disputes about parenting issues.  The Family Law Act defines Family Dispute resolution as  a process (other than a judicial process) in which a family dispute resolution practitioner helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other; and  (b)  in which the practitioner is independent of all of the parties involved in the process."
(Section 10G Family Law Act 1975)  The Federal Government introduced "Compulsory Family Dispute Resolution" into the Family Law Act in July 2007.  

What is Family Mediation?

It is a way of resolving issues without having a dispute in Court. The legislation requires (in most cases with notable exceptions being in cases of child abuse and/or domestic violence) that FDR be attempted before a matter can go to Court.

If the issues are not resolved in a Family Mediation (or Family Dispute Resolution as it is called in the Family Law Act) process then a registered Family Dispute Resolution practitioner can issue a certificate (under Section 60I of the Family Law Act) which then allows an application to be filed in Court.  A registered Family Dispute Resolution practitioner is a mediator who fulfils the requirements of the Attorney Generals Department and is authorised to conduct mediations in family law matters.

 

What about confidentiality during the Family Mediation process? 

The Family Law Act ensures that what is said and takes place at family dispute resolution remains confidential.  The Act provides confidentiality except in certain cases such with the consent of the parties involved, or

(a) preventing or lessening a serious or imminent threat to the life or health of a  person;

(b) preport the commission, or preventing the likely commission of an offence involving viiolence or a threat of violence to a person; or

(c) preventing or lessening a serious andimminent threat to the property of a person; or

(d) reporting the commission, or preventing the likely commission of an offence involving intentiona damage to proeprty of a person or a threat of damage to property.

The parties to family dispute resolution can therefore be assured that what is said and done remains confidential, resulting in full, frank and meaningful discussions which assists in leading the parties to resolution of the issues in dispute.

How can we help?

Randal Binnie, is an accredited Family Dispute Resolution practitioner as defined by Section 10G of the Family Law Act (and is an experienced family lawyer and mediator).  Randal has conducted many family dispute resolution processes under the Family Law Act with the vast majority of cases ending in final agreement.  In some cases the parties have reached an interim agreement on the basis that they will consider how the interim arrangement works before moving to a final arrangement.

It is not necessary that you have a lawyer attend with you at family dispute resolution but there is no impediment to your lawyer attending, in fact we find that lawyers assist the process in most cases by providing sensible advice and guidance to their clients. 

If you have a family law dispute all you need to do to get immediate assistance is to contact our office and speak with Randal Binnie, or our friendly staff outlining the issues in dispute and the names and addresses of the parties and the children involved.  Randal will then issue a written invitation to the other party to attend family mediation.  Upon receiving a response we will then arrange suitable times for an intake session (often by telephone with the purpose of ascertaining the issues in dispute, whether the matter is suitable for mediation and educating the parties about the process) and also arrange for a time and date for the mediation. 

We have mediation rooms available at our Springwood office and if necessary can attend a suitable venue arranged by the parties or their solicitors.

What if the other party refuses the invitation or an agreement is not reached at FDR?  An FDR practitioner's role under the Family Law Act is to facilitate an agreement being reached, however if that is not possible then a Certificate under Section 60I of the Family Law Act may be issued by the FDR practitoner.

The certificate can state that a party refused to attend, that the matter was unsuitable for FDR (eg because of family violence), that the parties attended but despite making a genuine attempt they could not reach agreement, or alternatively that the process took place but a party or parties did not make a genuine attempt to resolve their differences.

There are possible consequences if the matter proceeds to Court if the certificate states that a party refused to participate or did not make a genuine attempt to participate such as a costs order being made against that party or the parties may be ordered to attend FDR.

How we can help lawyers practicing in Family Law?  Weare often requested by lawyers to invite parties to family dispute resolution.  Upon receiving a written request by email, facsimile or letter we can issue an invitation to FDR, usually on the same day the request is made.