Family law matters can be emotionally challenging, especially when children and property division are involved. In Australia, the family law system encourages parents and separating couples to resolve their disputes outside of court whenever possible. One key method for this is through professional mediation services on the Gold Coast and across Australia, known as Family Dispute Resolution (FDR). This article explains what FDR is and why it's a mandatory step for many family law matters.
Key Takeaways
- FDR is a mediation process designed to help separating families resolve disputes without court intervention
- It is legally required for most parenting disputes before filing in court
- FDR is cost-effective, faster, and generally less stressful than litigation
- Safety exemptions exist for cases involving family violence or child abuse
- Agreements reached through FDR can be formalised into legally binding arrangements
What is Family Dispute Resolution?
Family Dispute Resolution is a structured mediation process specifically designed for family law matters. It provides a forum where separating couples can discuss issues relating to children, property, and finances with the help of an accredited FDR practitioner.
Definition of FDR
FDR is a formal mediation process that helps separating families resolve disputes about parenting arrangements and property division. Unlike court proceedings, FDR focuses on cooperative problem-solving rather than an adversarial approach. The process aims to help parties communicate effectively and reach agreements that work for everyone involved, particularly the children.
Types of Matters Handled in FDR
FDR sessions commonly address:
- Parenting arrangements - including where children will live and how much time they'll spend with each parent
- Decision-making responsibility for children
- Holiday arrangements and special occasions
- Property settlement matters
- Financial support arrangements
Key Goals of FDR
The primary aims of Family Dispute Resolution are to:
"Family Dispute Resolution creates a structured environment where families can work through conflicts constructively, focusing on the best interests of their children while reducing the emotional and financial costs of litigation." - Advance Family Law
FDR helps parties reach mutually acceptable agreements, minimises conflict between separating parents, and reduces the need for court intervention - saving time, money and emotional stress for all involved.
Why FDR is Mandatory in Australia
Legal Framework
Since 2007, the Family Law Act has required parents to make a genuine effort to resolve disputes through FDR before filing applications for parenting orders with the court. This requirement is enforced through section 60I certificates, which must be filed with any court application for parenting orders.
Policy Reasons
The mandatory nature of FDR reflects several important policy objectives:
- Reducing court backlogs and resource pressure on the family law system - Encouraging parents to take responsibility for resolving their own disputes - Providing a less adversarial alternative to litigation - Creating safer negotiation settings for families experiencing conflict
Benefits to Participants
The FDR process offers substantial advantages compared to court proceedings:
- Usually much faster than court (weeks rather than months or years) - Significantly less expensive - Less formal and intimidating - Gives parties more control over outcomes - Better preserves co-parenting relationships
Who Must Attempt FDR and Common Exemptions
Parties Required to Attempt FDR
Anyone wanting to apply to court for parenting orders must first attempt FDR and obtain a section 60I certificate. This certificate confirms either that:
- Both parties attended and genuinely tried to resolve issues - One party refused or failed to attend - The FDR practitioner determined the case was not appropriate for FDR
Recognised Exemptions
You may be exempt from attending FDR in cases involving:
- Family violence or child abuse concerns - Urgent circumstances requiring immediate court attention - One party's inability to participate effectively (e.g., due to location, incapacity) - A breakdown in the relationship so severe that FDR would be ineffective
How to Apply for an Exemption
To obtain an exemption, you must provide evidence supporting your claim when filing court applications. This might include police reports, intervention orders, medical reports, or a detailed affidavit explaining why FDR is inappropriate in your circumstances.
The FDR Process
Finding an Accredited FDR Practitioner
FDR must be conducted by an accredited FDR practitioner. Services are available through:
- Family Relationship Centres (government-subsidised) - Community-based organisations - Legal Aid - Private practitioners (lawyers and psychologists with FDR accreditation)
Intake and Screening
Before FDR begins, each party undergoes intake and screening processes to:
- Assess suitability for mediation - Identify any safety risks - Explain the process and confidentiality provisions - Determine appropriate format (joint sessions or shuttle mediation)
Mediation Session Format
A typical FDR session includes:
- An introduction explaining ground rules and the mediator's role - Each party sharing their perspective and concerns - Issue identification and agenda setting - Discussion and negotiation of possible solutions - Agreement drafting if consensus is reached
Possible Outcomes
FDR may result in:
- A written parenting plan or property agreement - Partial agreements on some issues - No agreement, but clarification of positions - Referral for legal advice to formalise agreements - A section 60I certificate if agreement isn't reached
FDR Practitioner Qualifications and Role
FDR practitioners must meet rigorous standards to practice in Australia.
Accreditation Requirements
To become accredited, practitioners must:
- Complete approved training courses - Hold relevant qualifications in law, psychology, social work, or related fields - Register with the Attorney-General's Department - Maintain ongoing professional development
Practitioner Responsibilities
FDR practitioners must:
- Remain impartial and not provide legal advice - Conduct thorough risk assessments - Maintain confidentiality (with child safety exceptions) - Issue section 60I certificates when required - Focus on the best interests of children
Preparing for FDR
Practical Preparation Steps
To make the most of FDR, participants should:
- Prepare a list of issues needing resolution - Gather relevant financial documents for property matters - Consider the children's needs and routines - Think about what arrangements might work practically - Seek legal advice about rights and obligations before attending
Safety Planning
If there are safety concerns, discuss with the FDR service how these can be addressed, such as:
- Separate waiting areas - Different arrival/departure times - Shuttle mediation (parties in separate rooms) - Support person attendance (if permitted) - Video conferencing options
Formalising Agreements After FDR
Parenting Plans vs Consent Orders
Agreements reached in FDR can be documented as:
- Parenting plans (written, signed, dated agreements that aren't legally enforceable but are considered by courts if later disputes arise) - Consent orders (agreements formalised by the court into legally binding orders)
When FDR Doesn't Resolve the Dispute
If FDR doesn't result in agreement:
- The FDR practitioner issues a section 60I certificate - Parties can then apply to court for parenting orders - The certificate is valid for 12 months - Parties may consider other options like collaborative law or arbitration
Common Questions About FDR
How Long Does FDR Take?
The FDR process typically involves 1-3 sessions of 2-3 hours each, spread over several weeks. Complex matters may require additional sessions.
Can I Bring a Lawyer to FDR?
This depends on the service provider. Some allow lawyers to attend, while others prefer parties to attend alone but seek legal advice before and after sessions.
What If the Other Party Refuses to Attend?
If the other party refuses to participate, the FDR practitioner can issue a certificate stating this, which allows you to proceed to court.
Are FDR Sessions Confidential?
FDR sessions are generally confidential, and discussions cannot be used as evidence in court. However, practitioners must report child abuse or risks to child safety.
Moving Forward After FDR
Whether you reach full agreement, partial agreement, or no agreement at all, the FDR process provides valuable insights into the issues that matter most in your family situation. For many families, it offers a pathway to resolution that avoids the stress, cost and unpredictability of court proceedings.
If you're facing a family dispute, seeking qualified guidance early can make a significant difference. Advance Family Law provides expert assistance with all aspects of family dispute resolution and can help you understand your options. Remember that while FDR is mandatory for most parenting disputes, the real value lies in its potential to help families create workable solutions that prioritise children's wellbeing during challenging times.