Gold Coast Family Dispute Resolution

Family Dispute Resolution (FDR)

In 2006, changes were made to the family law system that now require separating/separated parents to attend Family Dispute Resolution (FDR) where they have a parenting dispute, prior to applying to the court for parenting orders, unless one of a number of exceptions apply. The exceptions include (but are not limited to) where you are responding to an application, where there is an issue of urgency or there are risks of family violence or child abuse. Your mediator will discuss with you whether your particular circumstances fall into one of the exceptions.

While most matters successfully resolve through mediation a small percentage may require the court’s intervention to reach final resolution. If you are unable to reach agreement in FDR you will receive a section 60I Certificate from an accredited FDR Practitioner to attach to your parenting application. The s60I Certificate confirms to the court that you have attempted FDR and it was unsuccessful.

Please visit the FAQs page for further information.

how does Family Dispute Resolution (FDR) work?

The first step towards attending FDR is each parent is required to attend a pre-mediation conference. This allows the mediator to assess whether FDR is the most appropriate pathway for your particular circumstances. FDR practitioners are impartial and do not take sides, they provide an objective and positive way forward. The focus is on assisting separating/separated parents to resolve the specific issues in dispute and ensuring their children's best interests are always at the forefront of the discussions.

Specialised training enables our accredited mediators to facilitate a process where you will feel safe in communicating clearly with each other. You will be encouraged to make a genuine effort to understand each other's needs and concerns to ultimately come to a mutually-acceptable agreement, without the need to attend court. FDR assists parents to discuss the issues, look at the options and come to agreement on a range of issues relating to their children.

issuing of A section 60I Certificate

All MEDE8 Resolutions' Family Dispute Resolution Practitioners (FDRPs) are accredited and registered with the Attorney General's Department. This means they are able to issue a s60I Certificate if Family Dispute Resolution has not been successful.

The Family Law Act 1975 (Cth) requires separating or separated parents who have a dispute regarding their child or chidlren to make a genuine effort to try to resolve the issue/s through Family Dispute Resolution before applying to the court for parenting orders.

A s60I Certificate allows for an application in relation to a parenting matter to be filed in court, if the parenting dispute has not been able to be resolved through the FDR process. The s60I certificate confirms to the court that FDR has been attempted and has not been successful.

There are different types of s60I Certificates and your FDRP will discuss the certificate that is most relevant in your circumstances.

Property and financial matters

We assist separating couples to resolve their property and financial issues by facilitating respectful, future-focused and constructive communication between the parties. The Family Law Act, 1975 (Cth), (FLA) provides a structured process for the division of property of parties to a marriage and parties to a de facto relationship. It is often said that mediation works in the 'shadow of the law' broadly, this means that parties are able to resolve their property matters in a way that is acceptable to them, but still within the parameters of what would be considered 'fair and equitable' in the eyes of the law.

We always recommend parties seek legal advice prior to mediation. This ensures each party has a full understanding of their obligations, responsibilities and entitlements. In this way, parties are able to negotiate a fair and equitable property settlement fully informed of their responsibilities, obligations and entitlements.

The Family Law Act, 1975 (Cth) sets out a four step process for property division. In its most basic form the four step process is:

1. Identify and Value the property - this includes ALL property of the parties;

2. Consideration of contributions made to the acquisition, conservation and improvement of the property (this will include homemaker contributions, inheritances, gifts etc.);

3. Consideration of the future needs of each of the parties. This will inclue the age, state of health, prospects of future employment, care of children under 18; and

4. Consider if the proposed Orders are 'just and equitable', in all the circumstances.

It is a requirement for property matters that there is full and frank disclosure of all assets and liabilities of both parties. Failure to disclose all assets and liabilities may lead to a mediated agreement being deemed invalid. All parties must be able to mediate from a level playing field.

Please visit the FAQs page for further information.

what ARE THE BENEFITS OF MEDIATION?

Successful mediations occur within a respectful environment of co-operation and collaboration between the parties. Parties are encouraged to attend mediation with an open and creative mindset. Key benefits of attending mediation include:

Reaching solutions that both parties have collaborated towards;
A cost-effective and respectful process;
Maintaining control over the process and the resolutions;
Flexible and creative solutions that are sustainable;
Open and transparent process;
Ability to focus on interests and needs rather than positions;
Increased ability to preserve and enhance long-term relationships;
Confidentiality is maintained throughout the process.

Facilitative Mediation – How it works

Facilitative mediation is a process where a qualified mediator helps people come together to resolve a dispute. We don’t tell you what to do; we can’t give you legal advice; we simply create an environment where you can work through conflict in a safe and constructive way.

Who’s it for?

Facilitative mediation is used in many different circumstances. In family disputes, it can be helpful for:

Separating parents who are no longer able to communicate effectively;
Parents who feel anxious negotiating with former partners due to power dynamics or previous issues around family or domestic violence;
Parents who might want to change or review previously agreed upon parenting arrangements;
Separating partners experiencing difficulties agreeing upon property settlement issues;
Family disputes with extended family members, including grandparents experiencing difficulties engaging with grandchildren after the separation of the children's parents;
Other relationship matters where partners are having difficulty reaching agreement.

Mediation is voluntary, informal and confidential; however, not all matters are suitable for mediation. Prior to attending mediation, you will be required to attend a pre-mediation conference to determine whether Mediation is the right pathway for you.

Get in touch with us to discuss your matter and we can guide you on the next steps.

Gold Coast Mediation Services