One resource available to separating couples and families is Family Dispute Resolution.
In this article, we will discuss what Family Dispute Resolution is, how it works and when it is appropriate for resolving family law disputes.
What is family dispute resolution?
Family dispute resolution, also commonly referred to as FDR, is a specific type of mediation that is covered under the Australian Family Law Act 1975 and is aimed at separating families and helping them to come to their own agreements.
The Australian family law system provides various options and avenues for people to sort out the matters that arise when a family relationship breaks down. The point of this is to ensure that people have the option to find their own solutions and avoid costly and lengthy processes, like court proceedings.
People can work out agreements and arrangements for matters like parenting and property, privately, with the help of family lawyers, through mediation, and family dispute resolution. All of these options are considered preferential over going through court proceedings.
The Family Dispute Resolution process is run by an accredited Family Dispute Resolution practitioner who is an impartial third-party that helps to facilitate discussions. The goal is to allow the parties to discuss the issue or issues in dispute and find an outcome that works best for them.
In some cases, FDR may be a mandatory process that must at least be attempted before applying to the Federal Circuit and Family Court of Australia for court orders.
Family Dispute Resolution is most commonly used to resolve parenting matters, like living arrangements and parenting arrangements.
It’s important to note that while FDR can be very effective, it may not always be appropriate, such as in instances where family violence is or has been present – we will talk about this in more detail later in this article.