What is Family Dispute Resolution (FDR)?
Family dispute resolution is the name given in the Family Law Act for mediation to assist people separating or divorcing. The aim of mediation is to help people solve the many issues that can arise through separation, and to ensure that their needs, and in particular the needs of any children, are met in a way that is fair and equitable.
Mediation will assist participants to reach agreements on issues such as:
- Parenting plans
- Property settlements
- Financial settlements.
If you are able to resolve your issues at mediation, you will not have to attend court, which can be time-consuming and expensive.
How does the family mediation work?
On contacting DMSA, an appointment will be made for you to attend a pre-mediation meeting; this session usually takes one hour.
At this meeting, at which one or two mediators will be present, the family dispute resolution process will be explained in more detail and you will be able to tell your side of the story.
The mediator/s may suggest you seek advice from other agencies, such as Child Support, Centrelink, counselling or obtain independent legal advice. If there is a property or financial dispute, other information may also be required. All information gathered will assist you in preparing for mediation.
If there is a history of domestic violence or abuse, mediation may not be suitable; this will be explained in more detail at the pre-mediation meeting.
I don’t speak to my ex-partner; how will s/he be told about the mediation?
It is preferable if the presenting person can inform the other person of their intention to mediate, but DMSA understands that this is not always possible. DMSA will send an invitation to your ex-partner to attend a pre-mediation session. This will be discussed more fully at your initial contact meeting.
What can I expect during a mediation session?
Participants will be respectful towards each other and allow their ex-partners to tell their stories without interruption. Participants will be allowed to vent but mediation is future-focused, with the focus being on the children.
During the mediation the mediators may break for a private session with each participant.
Agreements reached regarding financial settlements and parenting plans will be available at the end of the session. These agreements can then be made into Consent Orders.