FDR is a facilitative mediation process in which a FDRP, independent of the parties, helps people to resolve some or all of their disputes arising from separation or divorce (see Part II, Division 3 of the Family Law Act 1975). FDRPs are trained in assisting people to resolve disputes but they cannot give legal advice or impose a decision.

The Attorney-General’s Department maintains a register of all accredited FDRPs which can be searched. This register includes the details of private FDRPs who conduct FDR for varying fees.

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If you have a parenting dispute that may be dealt with by the court, you must make a genuine effort to resolve that dispute by family dispute resolution before filing a parenting application.

Mediation is a voluntary process.  If you can reach an amicable agreement without needing to go to Court, FDR is not compulsory.  You will have a signed and dated agreement that can be filed in Court if you wish to have the agreement made binding by a Consent Order.

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If you cannot reach agreement, the FDRP may issue a Section 60I Certificate which is compulsory if you intend filing an Application for Consent Orders.

A parenting plan is not legally enforceable.  For it to be considered a parenting plan under the law, it must be in writing, signed and dated by both parties.  If you both agree, you can apply to the Court for Consent Orders, which are then legally enforceable.

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A property plan is not legally enforceable.  To be considered a Financial Agreement under the law, it must be in writing, signed and dated by both parties.  You will also need a certificate from your lawyer saying that you have received independent legal advice.  If both of you agree, you can apply to the Court for Consent Orders, which are then legally enforceable.

The most common FDR is between separating couples, but it can include other significant family members, such as grandparents or step-parents.  Parenting plans can include other significant people in your child's life.

Property matters are between married or de facto couples seeking to settle their financial and property matters.

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Mediations involving community disputes or workplace disputes are usually only attended by the parties involved in the dispute.  

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It is not common practice for lawyers or support people to be present during mediation, but we consider your needs at all times.

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Everything we talk about during the mediation is confidential, and all associated records and documents are stored securely.  There are some exceptions to this rule that it is important for you to be aware of.  The mediator must disclose information for the purpose of complying with the law and may disclose information for the purposes of protecting the child/children from risk of harm.

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What is discussed in mediation is not admissible in court, except if there is an admission or disclosure regarding the abuse or risk of abuse to the child/children.

Call us for a chat, email an enquiry, about FDR or mediation.  This is an obligation-free enquiry to see if FDR or mediation is the right choice for you.  If it is, we will issue an invitation to mediate to the other party(s) and lock in some time for each of you to engage in a pre-mediation intake assessment.

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M:  0421 038 564

E:  mail@southernmediation.com.au

The first stage of the FDR/mediation process is to assess for suitability.  During the pre-mediation intake assessment we explore each party's ability to effectively participate in the mediation with consideration of risk to safety, mental health and wellbeing, emotional stability, stress, support networks, financial resources and any other barriers.

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It may be that we are not the most suitable mediation service for you, and if that's the case, we're happy to refer you to a service that can more appropriately meet your needs.

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We will make one of four recommendations at the conclusion of the pre-mediation intake assessment:

1. Mediation is suitable.

2. Mediation is suitable subject to structure and conditions of the mediation.

3. Mediation is not suitable due to current circumstances and concern about either party and the child/children's safety.

4. Mediation is not appropriate due to serious concerns about inequalities in bargaining power.

Once each party has accepted the invitation to mediate and the matter is suitable for mediation, we will provide you with an Agreement to Mediate and other resources that will help you define the issues and concerns for mediation.

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The mediator will begin the mediation with an introduction, the provision of some compulsory information and rules for the mediation. 

Each of you, in turn, will then have an opportunity to put forward your stories, outlining your issues and concerns. 

We will then identify mutual, neutral, future and child-focused interests and prioritise them into an agenda for the mediation. 

You will then explore each agenda item and consider options to address any concerns.  This part of the process is for problem-solving and making sure your options are workable. 

You will each have opportunity for breaks during the mediation, and private sessions with the mediator.

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We will then reconvene for negotiations.  This is where you refine your options into solutions.

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If agreement is reached, we will document your agreement into either a parenting plan or property agreement, depending on your matter, and formalise the agreement by signing and dating.

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If you don't reach agreement in the first session, you can always meet again when you've had some time to consider your options, or a Section 60I Certificate may be issued.

A section 60I certificate allows people to file an application in Court.  Where FDR has failed due to non-attendance, or it was not appropriate, or a genuine effort to resolve differences was made but an agreement couldn't be reached and a court is required to resolve the issues, or if one person makes a genuine effort, an accredited FDR practitioner can issue a section 60I certificate.

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