What can I expect from Family Dispute Resolution?
Disputes between couples and families going through separation can be complex, stressful, drawn-out and emotionally exhausting. Dealing with unresolved issues, through a process like Family Dispute Resolution (FDR), often makes getting on with your lives much easier.
What is Family Dispute Resolution?
Family dispute resolution (FDR) is a process for resolving issues and conflicts between couples and families usually going through a separation of some kind. The process uses a professional, neutral third party – a family dispute resolution practitioner.
Through the FDR process, parties discuss their issues, get clear on what they want to achieve and explore options for achieving their desired outcomes, resolution and agreements where possible.
FDR practitioners do not take sides or determine the outcomes. Depending on your needs, they may offer advice or information but they do not tell you what to do. They are skilled at helping people communicate effectively, focus on what is important (e.g. children’s best interests) and negotiate workable agreements.
Is Family Dispute Resolution compulsory?
From 1 July 2008 changes to the family law system made Family Dispute Resolution a requirement before you can apply to the court for a parenting order. This includes new applications, and applications seeking changes to an existing Parenting Order. There are some exceptions to this requirement, such as cases involving family violence or child abuse or where the matter is urgent.
Why should I use a registered Family Dispute Resolution practitioner?
If you are unable to resolve your parenting arrangements through family dispute resolution and need to go to court, you will need a certificate to say you have tried to resolve the matter through family dispute resolution (unless you meet one of the exceptions). You will only be able to obtain a valid certificate from a registered family dispute resolution provider. Registered FDR practitioners have also been assessed as competent in the field of family dispute resolution with strict accreditation requirements and ongoing professional development requirements.
Is FDR confidential?
Anything said in an FDR session is confidential with the exception of specific disclosures, e.g. child abuse. Further, communications made in family dispute resolution are ‘not’ admissible in any court or proceedings, in any jurisdiction, unless the disclosure is required or authorised under the Family Law Act - Section 10H. Confidentiality will be fully explained and agreed to in advance of commencement of FDR.
See more about Confidentiality by clicking here.
Be aware, that Family Mediation conducted by an ‘unaccredited’ person will ‘not’ attract the confidentiality provisions.
Note: all mediations at KP Consult are conducted by fully accredited FDR practitioner.
Who uses FDR?
Couples and families who are looking for a practical, low cost approach to resolving disputes and conflicts that they are unable to settle satisfactorily on their own. Disputes typically involve children, money or property. FDR is particularly useful for people who have an ongoing relationship e.g. separated couples with children.
Are children included in FDR?
Where appropriate and if both parents consent, school aged children may be offered a private consultation to talk about their experience of the separation, their needs, their worries and what they would like to see happen. Their feedback is provided to the parents by the Counsellor to help parents make decisions based on the children’s best interests. Children are never asked to make decisions.
What happens during the FDR process?
FDR is a structured process. It involves several distinct stages.
Initial contact
People call or email KP Consult to find out more about FDR or make an appointment. No referral is required.
Intake Session
At KP Consult, each party will separately meet with Kathy, an accredited FDR practitioner who will:
listen to your perspective of the issues you wish to address and help clarify your concerns
help you decide whether FDR is the right process for your specific situation and explore any matters that might make FDR unsuitable for either of you
give you information on the process and help you prepare for FDR
suggest appropriate referrals for legal advice, counselling, income support or other assistance if required.
This session is confidential. Your FDR practitioner will not disclose anything you say to the other party or anyone else unless you consent or unless that disclosure is required by law.
First joint session
At the first joint session, your FDR practitioner will go through the process with you and ask you both to agree to guidelines. You will each have the opportunity to outline your own view of the problem without interruption. Your practitioner will help you break down the problem into manageable issues, stop you getting stuck in the disagreement phase and help you develop an agenda and a plan of action for creating solutions.
Subsequent joint sessions
Parties may require more than one joint session. Session are usually 2-3 hours duration. During these, your FDR practitioner will help you communicate directly on each issue, examine a range of possible solutions and work towards an agreement.
Parties may wish to seek further information or professional advice between sessions.
Private session
You may ask to speak privately with your practitioner at any stage during the process. Your practitioner may also call for an individual session if the discussion is getting ‘stuck’.
Are agreements made in FDR legally binding?
Agreements reached in FDR are not legally binding. They can be made legally binding through the court system. Your practitioner can give you further detail.
Certificates Issued by FDR Practitioner in Parenting Arrangements only.
The Australian family law system encourages parents to develop cooperative parenting solutions without taking the matter to Court.
Since July 1, 2007, FDR practitioners can be asked to issue Certificates (in accordance with Section 60I(8) of the Commonwealth Family Law Act) that show your genuine effort to resolve issues. The Act provides for five different types of certificates, which can be signed by the practitioner. Practitioners are accredited to issue certificates at their discretion. At your intake session the practitioner will explain fully the significance of the issue of a certificate. Note: Certificates are not required for property matters.
What do I do now?
If you feel that your situation would benefit from Family Dispute Resolution, or you would just like to know more about it, send an email to admin@kpconsult.com.au with your contact details.