Dispute Resolution Flashcards
What is FDR?
FDR or ‘Family Dispute Resolution’ is a form of Mediation that mostly or normally takes place without lawyers being present.
Is FDR compulsory?
Yes, parties must attend mediation and make a ‘genuine effort’ to resolve the dispute before being eligible to commence court proceedings. (s60i).
Where is FDR defined in the Family Law Act 1975 (Cth).
s10F
What is the role of the FDR practitioner?
The role of the FDR practitioner is to help people, who are affected,or likely to be affected by separation or divorce, to resolve some or all of the issues in dispute. The FDR practitioner is independent of the parties.
How do I obtain FDR?
You can contact a FDR practitioner directly, or be referred to one by your solicitor. You can also contact a Family Relationship Centre to set up a conference with the other party. Legal aid offers FDR however at least one of the parties must first be eligible to receive the grant of legal aid.
Do parties have to attend the ‘intake session’ together?
No, parties attend the ‘intake session’ separately , before attending mediation.
Is mediation free? Who are the providers?
The parties can either pay to attend upon a private FDR practitioner or attend at a Family Relationship Centre for free or are offered on a sliding scale, according to your level of income.
What happens during mediation?
The mediator or FDR practitioner will assist you and you ex husband to come to a mutually acceptable outcome. He/she will write down the settlement reached, if any, during mediation.
What can the settlement document be used for?
The settlement document can be used as a Parenting plan between the parties, as long as both parties sign the plan OR the parties may decide to hand the documents over to their solicitor for the purpose of formalising them by way of Consent Orders.
What if the mediation is unsuccessful?
The FDR practitioner may issue a s60i certificate which allows either party to file a court application seeking parenting orders.
Is FDR confidential?
Yes, FDR is confidential. Anything said during mediation is inadmissible at court, unless the admission relates to child abuse or risk of abuse of a child. (s10H)
Are negotiations binding in court?
Yes, negotiations are binding in court.
How are discussions held?
Held face to face and may be terminated by either party or the Mediator at any time.
