Author: Carol Pages, Pages Family Law.

Mediation for parenting arrangements after separation is commonly called Family Dispute Resolution (FDR).  So what is FDR and should you go?

What is FDR?

FDR is a process designed to help parents or other carers of children reach an agreement about the care arrangements of children after separation.

FDR practitioners are specially qualified mediators who help facilitate the discussion between parents with a goal of reaching agreement and preparing a parenting plan.

Reasons to go to FDR

If parents can’t agree on their parenting arrangements after separation, or they agree on some but not all arrangements, FDR can be a helpful next step.  

Other advantages include:

• ● Less adversarial – the process is designed where possible to help parents negotiate the arrangements for their children;

• ● Cost effective – attempting negotiation of your parenting matter by FDR is cheaper than going straight to Court;

• ● Confidentiality – like all mediations in the family law process – FDR is confidential, so what is said there cannot be used as evidence if your parenting matter goes to Court;

• ● Safe – FDR practitioners are highly trained, and the process typically includes an intake session with each parent before a joint session.  You can raise any concerns you have to be considered by the practitioner in determining whether or not FDR is right for you, or structuring your sessions for safety. Examples include shuttle mediations either in person or on zoom, with staggered arrival times;

• ● Flexible – you can decide to attend FDR before engaging a lawyer in your family law matter, or you may decide to attend after receiving some initial legal advice.  We discuss mediation with clients for parenting and property matters.  The best outcome for clients is often the one with early legal advice about where their matter (property and parenting) is likely to resolve, and a process to get them there.  

• ● Requirement before initiating a Court application – In the majority of cases, an attempt at FDR must be made before filing a parenting application with the Court.  If FDR does not result in a resolution – a certificate often referred to as a “60I certificate” is issued, and this must be filed with the Court application.

Is there ever a reason not to go? What if my matter is urgent?

In some cases, such as matters with a history of family violence, the practitioner may assess the matter as inappropriate for FDR and issue a 60I certificate indicating this.

There are exceptions to the filing rules for the 60I certificates and in these cases, legal advice should be sought about the additional information to file.

Where can I find FDR?

There are both public and private FDR practitioners.  Your lawyer will be able to make recommendations of private FDR practitioners.  Alternatively, the link below provides some useful information as well as details of centres near you, depending on your location.

Family mediation and dispute resolution | Family Relationships Online

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The content of this article is provided for information purposes only and does not constitute legal advice.  We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.

Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077.