Family Dispute Resolution (FDR) Process

The process of mediation can vary between organisations.

Over the past five years, we have continued to develop and improve our processes from start to finish to ensure transparency, reliability, and efficiency every time.

Here is a snapshot overview of our processes from start to finish.

Step 1 -  Pre-Mediation Intake and Assessment

o   Initiating party (party a) has a pre-mediation intake and assessment appointment with the Family Dispute Resolution Practitioner (FDRP)

o   The other party (party b) is invited to participate in FDR

§  If party b refuses the invitation, a section 60i certificate can be issued to party a, if requested. 

§  If party b agrees to participate in FDR they proceed to a pre-mediation intake and assessment session. 

o   If after the intake session the FDRP assesses that FDR is appropriate to proceed, a joint mediation session will be booked with both parties. 

o   If after the intake session the FDRP assesses that the FDR is not appropriate to proceed based on Sub Reg 25 Family Law (Family Dispute Resolution Practitioners) Regulations 2008, a section 60i certificate will be issued to both parties. 

Step 2 - Family Dispute Resolution Conference – 3 hours

o   Both parties come together on zoom either in the same zoom room or in a shuttle arrangement (separate zoom rooms).

o   Parties present an opening statement based on Why are they here and what are they hoping to achieve?

o   An agenda is developed, and parties engage in exploratory discussions on each agenda item.

o   Private Sessions are used to check in with parties and model various proposals, ideas and options.  Parties can request a private session at any time

o   Parties can share and negotiate proposals, ideas, and options working together to problem solve the identified issues. 

Step 3 - Agreements:

o   All agreements will be documented in a parenting plan template and prepared for signing and dating. 

o   Parties can take this parenting plan to a lawyer to make it into a consent order or apply directly to the Family Court, making the agreements legally binding.

o   If Agreements are not reached

                                                              i.      The outstanding proposals will be documented and provided to the parties. The parties can seek further professional advice from their lawyer and other professional advisors.

                                                            ii.      Additional FDR time may be booked to finalise the agreements

                                                          iii.      If additional FDR time is not booked, a section 60i can be issued if requested by either party.