Family Dispute Resolution in NSW: A Gateway to Amicable Solutions

After a relationship breakdown, separated parents may need help to manage the challenges and disputes that arise. Family dispute resolution offers a supportive environment and trained professionals to help parents reach amicable decisions without going to court. Find out more about family mediation, dispute resolution and the family dispute resolution process.

What Is Family Dispute Resolution?

Family dispute resolution ( FDR) is a safe environment where separated parents can make a genuine effort to resolve disagreements with the assistance of a trained professional. FDR helps parents make arrangements for the future and reach agreements on family matters relating to their children, such as living arrangements, education, health, communication and child support. A FDR practitioner will help facilitate conversations and help parties reach mutually agreeable decisions via mediation, focusing on resolving disputes.  The FDR process is a preferred method of sorting out family issues. Workable agreements can be reached, without a traumatic court experience, which can save money, time and stress. There are certain situations when FDR is not appropriate, such as when there are concerns for family violence or the safety of the children.

What Happens In Family Dispute Resolution?

The family dispute resolution practitioner will focus on property and financial matters and help separated couples decide what will benefit their children. Family relationship centres offer a three hour mediation session with a FDR practitioner, where they will attempt to resolve issues. The FDR process involves the following steps:

• Identify unresolved issues
• Share relevant information
• Explore options and ideas
• Offer possible solutions 
• Listen and be respectful
• Put agreed decisions in writing (Parenting plan) 

What Are The Benefits?

Family dispute resolution allows both parties to make crucial decisions with support and guidance. A successful FDR can offer several benefits, including the following:

• It is more cost-effective and timely than going to court
• Future conflict and disruption to children can be avoided, if agreements are followed
• Improvements to future parenting relationships, promoting effective communication and cooperation
• Improved skills and structure to resolve future disputes
• Enable both parties to be involved in the decision making process
• No trauma due to stressful court proceedings
• Mediation performed by an accredited FDR practitioner is protected under the Family Law Act

What Is The Difference Between Family Dispute Resolution And Mediation?

Mediation is a structured dispute resolution process where a mediator acts as a third party to help both parties reach a mutual agreement. Family dispute resolution is a type of mediation that focuses on resolving family law issues that arise when a relationship breaks down. A family dispute practitioner facilitates the FDR process.

What Is A Family Relationship Centre?

Family relationship centres provide services to separating families, including the following: counselling, mediation, FDR, relationship education workshops and support.  The support services help couples negotiate the breakdown of their relationship by offering support and guidance with property and parenting matters. A family relationship centre focuses on providing amicable solutions to help couples negotiate their way through a divorce or separation. Relationships Australia NSW has five family relationship centres across NSW and has several centres in most states and territories across the country.  Support can be provided in person or online, and government subsidies help ensure everyone has access to the services.

Who Pays For Dispute Resolution?

Costs for family dispute resolution can vary depending on where the services take place, for example, if the FDR occurs within the court, it is free. Community based organisations may attract a small fee, which can be subsidised by the government, depending on the financial circumstances of the participants. Some organisations provide services with a sliding fee scale based on both parties household income and offer free individual sessions before a joint mediation. The most costly alternative is for private dispute resolution mediators, where both parties pay all associated costs. Disputes resolved through mediation are significantly less expensive than going to court.

What Is The Role Of A Dispute Resolution Practioner?

Family dispute resolution practitioners are highly skilled, qualified individuals who come from a range of professional backgrounds. Their speciality may include law, social work or psychology, and they possess the necessary skills to help separating parents make solid financial, parental and property decisions to help them resolve their issues. Accredited FDR practitioners do not offer legal advice but provide relationship advice, and coaching and explore general principles to help resolve a parenting dispute. A FDR practitioner will always focus on the best interests of the child, and be fair and impartial to both parties. Family mediation sessions are confidential unless there is a threat to someone’s life or evidence of child abuse.

What Happens If Family Dispute Resolution Is Unsuccessful?

If FDR is unsuccessful and both parties can not reach an agreeable decision, the family dispute resolution practitioner will issue a certificate, which allows an application to be made to the Family Law Court. The judge will make the final decision about financial, property and parenting arrangements and will issue parenting orders. The court orders are binding and will contain details regarding future care for children and a parenting plan.  Separating parents should try to resolve their disputes through the family mediation process, as Family Law Court proceedings can be very traumatic, stressful and emotional. Legally binding imposed decisions can negatively impact future parental relationships, as parties may not be satisfied with the decisions made on their behalf, particularly regarding future care for their children. Parenting Order Parenting orders are issued by the court when an agreement can not be reached through the family dispute resolution services.  The Family Law Act contains the legislation that the courts will apply when making a parenting order, and the judge will consider the interests of the child, as their paramount consideration. They will consider all relevant factors, including any evidence, before making a judgement.

Summary

Family dispute resolution is a type of mediation that focuses on resolving issues that arise when a relationship breaks down. A family dispute practitioner facilitates the FDR process. A family dispute resolution service offers a safe environment where both parties can make a genuine effort to resolve parental issues with the assistance of a trained professional. The FDR process is a preferred method of sorting out family issues as agreements can be reached without a traumatic court experience, saving money, time and stress. A FDR practitioner will help manage property and financial matters and assist separated couples in reaching decisions that will benefit their children. They will always focus on the best interests of the child, and be fair and impartial to both parties. A successful FDR can offer several benefits including; being more cost-effective and timely than going to court, both parties involved in the decision making process, and future conflict and disruption to any children are avoided if agreements are followed. If FDR is unsuccessful and both parties are unable to reach an agreeable decision, the judge will make the final decision about financial, property and parenting arrangements and will issue parenting orders.  Separating parents should try to resolve their disputes through the family mediation process, as court proceedings can be very traumatic and stressful. 

FAQs

What Does A Family Dispute Resolution Practitioner Do?

Family dispute resolution practitioners are highly skilled, qualified individuals who come from a range of professional backgrounds. Accredited FDR practitioners do not offer legal advice, but provide relationship and coaching guidance and explore general principles to help resolve parental disputes. They possess the necessary skills to help separated parents resolve disputes and make solid financial, parental and property decisions. A FDR practitioner will always focus on the best interests of the child, and be fair and impartial to both parties. 

What Are The Methods Of Family Dispute Resolution?

A family dispute resolution service offers a safe environment where separated parents can make a genuine effort to resolve disagreements with the assistance of a trained professional. Family relationship centres offer three hour mediation sessions with a FDR practitioner, where they will attempt to resolve issues.  The dispute resolution process involves the following steps:

• Identify unresolved issues
• Share relevant information
• Explore options and ideas
• Offer possible solutions 
• Listen and be respectful
• Put agreed decisions in writing 

What Sort Of Disputes Does The Family Court Hear?

The Family Court manages a variety of Family Law matters, including the following:

• Parenting orders
• Applications for divorce
• Spousal maintenance
• Property matters
• Financial matters
• Parenting matters
• Family disputes