What is FDR/Mediation?
Family Dispute Resolution is a practical type of Mediation which is tailored to meet the needs of separating families to try to resolve any disagreements and make arrangements for the future. It is commonly known as ‘FDR’, ‘Family Mediation’, or simply ‘Mediation’.
People who have a dispute about parenting arrangements after separation are required by law to make a genuine effort to resolve the dispute through Mediation, prior to commencing Court proceedings.
There are a few exceptions to the requirement to attend compulsory FDR, such as cases involving family violence, child abuse or urgency. See s60I(9) of the Family Law Act 1975 http://www8.austlii.edu.au/
Family Dispute Resolution is a completely confidential process, however there are some limited exceptions to that confidentially which we are obliged to report such as a threat to a person’s life, child abuse or criminal activity.
Your mediator is neutral and is not there to take sides or to make a decision.
We facilitate discussions between the parties and we attempt to generate options which will help you best move forward.
If you are able to resolve your matter and reach agreement then your agreement can be formalised into Consent Orders or a Parenting Plan. We can provide you with more information on options as you move through the Mediation journey.
If you are unable to resolve the matter at Mediation, and there may be several reasons why this may occur, such as:
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- A genuine effort not being made to resolve the dispute, it be by one or both parties,
- Only one party attending,
- The matter not being appropriate for Mediation,
- Parties not attending the Mediation with an open and willing mind and as such agreement not being able to be reached, or
- Your Mediator at Macarthur Mediations decides it was not appropriate to continue,
Then your Mediator will issue you with a Section 601 certificate, and should you wish, you are able to commence the Court process.
Whilst Family Mediation can be provided by most Mediators, in order to issue a s60I certificate you must be accredited with the Attorney Generals Department as a Family Dispute Resolution Practitioner. Our Mediators at Macarthur Mediations are accredited Family Dispute Resolution Practitioners and can issue a s.60I certificates under the Family Law Act 1975.
Parties also use Mediation to resolve property matters, either together or separate with parenting matters, and whilst Mediation for property is not compulsory at this stage, in our experience, people find that having the ability to tailor Mediation sessions around their specific needs and concerns, provides them with a greater sense of resolution in moving forward.
We find that Mediation is a successful process which allows people to reach an agreement on their own terms without the need for Court, lengthy delays or expensive legal fees.
For more information on Compulsory Family Dispute Resolution see http://www.familycourt.
