The Family Law Act directs that you must attend Family Law Mediation or Family Dispute Resolution before you file an application for parenting orders or financial orders.
Family Dispute Resolution (FDR) is the legal term for services (such as mediation) that help people to sort out their disputes. It can help you to agree on matters relating to property, money, and your children. The FDR practitioner’s job is to assist you in discussing the issues and to work through your options to reach an agreement. They must be impartial. Before they start, they will assess whether your matter is suitable for FDR and tell you about the process, your rights, their qualifications, and the fees to be charged.
Family Law Mediation ProcessEverything said at the Family Law Mediation is confidential, except in exceptional circumstances, such as where there has been a threat to someone’s life or health or information regarding the commission of a crime. Nothing said can be used in court. Both parties must attend the mediation, and, if there are no objections, you can also have a support person. If you would like your lawyer to be present, you should discuss this with the centre arranging the mediation as it is not always allowed.
The Family Law Mediation practitioner will check that everyone understands what is being said and agreed upon. The service is provided by various organisations and contact details for accredited FDR practitioners can be found on the Family Dispute Resolution Register.
If Family Law Mediation does not resolve your matter, the FDR practitioner can suggest other avenues to help you resolve the issues, such as family counselling. If you can reach an agreement, you should be aware that changes to your children’s care arrangements can affect your entitlements to family assistance and income support payments and to child support.
