The Family Law Specialists

family dispute resolution

Family Dispute Resolution is a special type of mediation which involves the help and support of a registered practitioner to mediate and reach agreements about the division of property and/or care of children after a separation.

This practitioner is called a Family Dispute Resolution Practitioner (FDRP) and we are pleased to be able to offer this service.

If parties to a separation are unable to reach an agreement about a property settlement or parenting arrangement, an application to the court may need to be initiated.

Before you are able to make this application to the court, it is mandatory for all parties to participate in family dispute resolution and to obtain a section 601 certificate. Exemptions do apply in some circumstances surrounding family violence or urgent applications.

Parties can choose to participate in this process at federally funded Family Relationship Centres, or via private mediation with an approved practitioner.

OUR FAMILY DISPUTE RESOLUTION PRACTITIONER

We are pleased to be able to offer this service to our clients, with our Principal Solicitor Sandra Soden.

We have safe and comfortable facilities for our mediations and can accommodate most requests. We can facilitate shuttle mediations, where one person does not wish to sit in the same room with the other person and we can also accommodate video and telephone conferencing.

MEDIATION VS CONCILIATION

Generally, the parenting dispute resolution process is conducted as a facilitative process which encourages parties to talk and share options, ideas and solutions in the best interests of the child or children. In some cases an evaluative process may be appropriate or a Conciliation style conference.

A Conciliation style conference occurs where the mediator or conciliator will give parties ideas and options and make suggestions or recommendations based on what a Judge is likely to do if the case were to proceed to Court. Sandra has a high success rate in using this method and was the primary method used during her time working as a Registrar in the Family Courts where she conducted many Conciliation Conferences.

THE MEDIATION & DISPUTE RESOLUTION PROCESS

Both mediation processes (facilitative and evaluative processes) generally involve:

  • Identifying issues that could not previously be resolved privately;
  • Listening to each parties’ views and beliefs;
  • Sharing important and relevant information;
  • Identifying and considering ideas and options;
  • Testing possible outcomes and solutions;
  • Reaching an agreement and finalising this in writing.

BENEFITS

There are many benefits of attempting mediation & family dispute resolution.

  • The process saves time and money as it is far cheaper and quicker than the court process;
  • The process is far less traumatic and stressful than court proceedings;
  • The skills learned, to cooperate and communicate well, will help and facilitate an ongoing parenting relationship;
  • Control is maintained for both parties, unlike the court process where the decision-making control is held by the court;

Contact us today to find out more about this service.