Family Dispute Resolution
Family Dispute Resolution (FDR) provides an excellent opportunity for parties to reach agreement before litigation. This is preferable when considering the emotional and sensitive environment of parenting matters. FDR is defined in Section 10F of the Family Law Act 1975 (Cth) (Act) as any non-judicial process where an independent FDR practitioner assists the parties to resolve their dispute without court involvement. The FDR practitioner is impartial and neutral and has specialist training to assist parties to resolve their conflict amicably.
FDR is compulsory in parenting cases as per Section 60I of the Act; however, exemptions exist for urgent applications and matters involving child abuse and/or family violence. Parties must make a genuine effort to resolve their dispute at FDR and proof of attendance takes the form of a certificate that is issued by the FDR practitioner.
The advantages of Family Dispute Resolution include:
The process aims to reduce the acrimony between the parties who are more likely to reach agreement in a comfortable setting. It is likely to preserve goodwill and foster post-separation and co-parenting arrangements;
It is less formal. This is an advantage to those confronted by legal procedures and jargon;
Information gained during these processes is generally confidential and inadmissible. This creates greater commitment to the result;
It is usually faster and less expensive than litigation;
Parties have greater control over the process. Compliance is more likely;
The process can involve the involvement of third parties such as support persons, lawyers, and other professionals;
The practice can be child-inclusive or child-focused; and
Early settlement allows for less disruption to the parties’ lives.
The disadvantages of Family Dispute Resolution include:
The agreement reached is not legally binding unless the agreement is made into Consent Orders.
FDR will fail if parties are unable to separate their needs from their children’s needs.
If you have any questions about Family Dispute Resolution, we invite you to take advantage of our 30-minute free initial consultation with one of our experienced lawyers.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
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