S7 Alternative Dispute Resolution (ADR) Flashcards
when does ADR involves in Family disputes?
1) Within the Court system – such as conciliation
conferences in relation to property disputes, interim family
consultant reports; and
2) Outside the Court system – through accessing dispute
resolution service providers
in what circumstances is it mandatory to see an ADR?
Under s60I, it is a mandatory requirement to bring a certificate from a Family Dispute Resolution Practitioner with any application for parenting orders before the Family or Federal Circuit court
what is Family Dispute Resolution (FDR)?
FDR is a process like mediation or conciliation which attempts to assist
separating couples resolve their disputes without going to Court.
- These services can be provided by Family Relationship Centres, private
counsellors, psychologists and community organisations. - All FDR providers must be registered.
- Generally, the discussions, proposals or counter proposals that take place
during FDR are confidential and cannot be used later in Court
what are the advantages and disadvantages of FDR?
- give parties the ability to come out with their own decision
- parties have more control over the process and therefore more likely to follow
- Significantly reduces the financial and emotional costs of legal proceedings
- Less adversarial and therefore more conducive to ongoing co-parenting arrangements
- Less delays than Court proceedings
However; - Non-binding
- No imposition of a solution, so dispute may remain unresolved
under which sec is it mandatory for parents to provide a Certificate from DRP (Dispute resolution practitioner) for family dispute?
s60I FLA
Applications that do not require a s60I Certificate in Family Dispute?
- financial orders only
- property settlements only
- Hague Abduction Convention orders
- child support departure
what is an offer of settlement ?
It is an offer made by one party to the
other party to discontinue the matter and agree to the
terms that are set out in the offer.
how to make an offer in family financial dispute?
under rule 10.01 Family Law Rules 2004:
(1) A party may make an offer to another
party to settle all or part of a case at any
time before the court makes an order
closing of the case.
(2) A party may make an offer to settle all or
part of an appeal before an appeal order
(3) An offer to settle must be in writing and
must not be filed.
what is a parenting plan?
It is a voluntary agreement
between the parents/guardians that covers the daily
responsibilities of each parent, the
practical considerations of a child’s daily life, as
well as how parents will agree and consult on
important long-term issues about their children.
matters that can be included under parenting plan, under sec?
S63C(2);
(a) the person or persons with whom a child is to live
(b) the time a child is to spend with another person or other persons
(c) the allocation of parental responsibility for a child
(d) if 2 or more persons are to share parental responsibility for a child–the form of
consultations those persons are to have with one another about decisions to be
made in the exercise of that responsibility
(e) the communication a child is to have with another person or other persons
(f) Maintenance of a child
(g) the process to be used for resolving disputes about the terms or operation of
the plan
(h) the process to be used for changing the plan to take account of the changing
needs or circumstances of the child or the parties to the plan
(i) any aspect of the care, welfare or development of the child or any other aspect
of parental responsibility for a child.
