Our Family Law Services

Family Dispute Resolution

Family Dispute Resolution (also known as “FDR”) is a mechanism through which separating families can try to reach an agreement with the help of a qualified Family Dispute Resolution Practitioner. This person acts as an independent mediator to assist parties to a family law dispute to resolve their dispute, whether this relate to parenting matters or a financial settlement (or both).

Attending Family Dispute Resolution is a critical first step in most family law matters. It is a cost effective, practical and efficient way for separating families to resolve their dispute, without having to embark on the lengthy and expensive litigation process.

It is recommended that you obtain legal advice prior to attending FDR, so you can attend FDR with an understanding of the decisions you are prepared to make. An FDR practitioner cannot give you legal advice.

Do I have to attend FDR?

It is a compulsory requirement that parties attend FDR prior to filing an Application for parenting orders in either the Family Court or Federal Circuit Court. This does not apply to consent orders.

Unless a specific exception applies to your matter, the Court must be satisfied that you and your former partner have made a genuine effort to resolve your dispute before litigation is commenced. At this stage, FDR does not apply to starting litigation for property matters.

If you have attempted FDR and it was unsuccessful, you will receive a “Section 60I Certificate”. The FDR practitioner will consider whether you and your former partner have made a genuine effort to resolve the issue in dispute.

You will also be granted a Section 60I Certificate if one of the following exceptions apply:

If the other party refuses to or fails to attend FDR; or
If FDR is deemed not to be appropriate by the FDR practitioner. The matters the FDR practitioner will take into account include a history of family violence between the parties, safety of the parties, equality of bargaining power, risk of child abuse, or the emotional, psychological and physical health of the parties. The FDR practitioner can take into account any other matters they consider relevant in determining whether FDR is appropriate.

What happens at FDR?

The FDR practitioner will first meet with you and your former partner separately to conduct an intake session. During this session, the FDR practitioner will assess whether your matter is suitable for FDR, and if so, how the FDR session will be conducted.

Depending on the complexity of the matter, parties may choose to have their lawyers attend to assist them during the FDR process, or can choose to do it alone. This will depend on the particular needs of the family and the FDR practitioner.

Any conversations you have with the FDR practitioner, and conversations you have with your former partner during the FDR process, are confidential and generally not admissible in Court. You should seek legal advice if you are concerned about this.

If you are able to reach an agreement, the FDR practitioner may prepare a written document setting out the points of the agreement reached. It is recommended that you seek legal advice prior to signing any documents that contain an agreement reached at FDR.

If both parties wish to make the agreement legally binding, you will need to seek legal advice about the best way to do this. There are various forms of creating a binding agreement and your lawyer will be able to advise you on the best way forward.

Where can I find FDR services?

There are many organisations or individuals that can offer FDR. Some practitioners offer to conduct FDR online which is a great resource if you do not live near a city centre or you and your former partner live far apart.

You can search the online register to find an accredited FDR practitioner close to you, or you can contact your local Family Relationships Centre. These organisations are funded by the Federal Government to offer FDR and other services to assist you to resolve a family law dispute. Some of these services are subsidised and your contribution will depend on your income.

We understand this decision can be overwhelming. We can recommend a number of FDR practitioners who will be suitable for your particular circumstances, as well as provide you with legal advice prior to you attending FDR.

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