Frequently Asked Questions
We understand you may have questions about our family dispute resolution services.
We have compiled a list of frequently asked questions and answers below.
FDR – The Basics
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FDR (commonly referred to as mediation) is a process designed to help families reach agreement about issues such as arrangements for children and property/financial matters.
FDR is a specific type of mediation. It is a voluntary and confidential process conducted by an independent and impartial third-party known as Family Dispute Resolution Practitioner (“FDRP”).
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A Family Dispute Resolution Practioner, also known as an FDRP, is a mediator who has undertaken extensive training in a range of areas, including child development and family conflict.
FDRPs are required to complete a range of qualifications and competencies and are accredited by the Commonwealth Attorney General’s Department.
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Most family disputes are suitable FDR.
In many cases, adjustments can be made to the process to ensure the process is suitable for the parties.
For FDR to proceed, all parties must be willing and able to participate in the dispute resolution process and have the capacity to do so.
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Parties can attend FDR where there has been family violence if the matter is assessed as suitable.
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Whether parties can arrange or attend FDR will depend on the terms of any Order in place.
Many Family Violence Orders contain an exception that allows parties to participate in FDR.
As part of our intake process, we require a copy of all current Court Orders, including any Family Violence Order.
We will consider the Order/s provided and advise you of our assessment..
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In most circumstances, parties are required to try to resolve disputes before applying to the Court.
This may include inviting the other party to FDR and participating in FDR where it is safe to do so.
There are some exceptions to this requirement, such as where there are urgent issues or there are safety concerns.
If you are unsure whether you need to attempt FDR before going to Court, you may wish to seek legal advice.
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We recognise the importance of ensuring each individual's access and support needs are met.
The FDR process is flexible and we can make adjustments.
We work with each individual to assess how we can best support them through the FDR process.
FDR – The Intake
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Most of our intake appointments are conducted via telephone.
For telephone intake appointments, we will call you on the contact number provided at the time of your appointment.
If you have accessibility requirements or requests, we may make alternate arrangements for your intake appointment.
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An intake appointment is a conversation between you and the FDRP.
You do not need to have anything with you, but you should ensure you are somewhere comfortable and private.
Your phone should be charged and you should have mobile reception.
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A standard intake appointment is between the FDRP and the client.
Third parties, including lawyers do not usually participate in the intake appointment.
If you require a third party to be present during intake, please advise us accordingly. We can discuss your accessibility requirements and any support needs in a way that suits you prior to your intake session.
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During intake we:
Obtain information from you
Provide information to you
Provide referrals (where appropriate)
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Before scheduling an FDR conference, the FDRP must be satisfied that the matter is suitable for FDR.
The information provided in intake helps the FDRP understand the issues in dispute and informs the process decisions the FDRP is required to make.
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Our intake appointments take approximately one hour.
FDR – The Suitability Assessment
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We consider the information provided during the intake process to assess whether your matter is suitable for FDR.
Our assessment of suitability is an ongoing assessment and continues throughout the FDR process.
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Safety is our priority.
We have significant experience in dealing with matters where people have used and experienced family violence.
As part of our intake process, we ask a range of questions relating to safety and undertake a comprehensive risk assessment.
FDR will only be assessed as suitable if we believe it is safe for a conference to occur.
FDR – The Conference
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We want all participants to feel safe and able to participate in FDR.
We offer a range of format options including shuttle conferences and online conferences.
If safety concerns arise during a conference and the FDRP determines it is no longer suitable to continue, the conference will be terminated.
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No. Mediation is a voluntary process. We do not force parties to be in the same room.
Mediation can be conducted as a shuttle conference with parties in separate rooms.
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The conference format will depend upon the circumstances and needs of the parties.
We have a range of options available to clients (subject to suitability) including:
In person or remote attendance (e.g. via Zoom)
Joint conferences, shuttle conference or a hybrid (mix of both joint and shuttle sessions)
Parties only or legally assisted mediation
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A shuttle conference is where a conference is conducted with the parties in separate physical or virtual rooms. The FDRP moves between the rooms, assisting the parties in their discussions, which occur through the FDRP.
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Decisions about how a conference should be conducted are a matter for the professional judgment of the FDRP.
Any preferences and access requirements will be considered as part of the assessment process.
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Our most affordable FDR option is an online, mini mediation.
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The intake fee is payable on the day of your intake appointment.
All fees for FDR conferences are payable at least 3 business days prior to the FDR conference.
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We offer legally assisted FDR.
If the matter is assessed as suitable for legally assisted FDR, lawyers will permitted to attend.
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Absolutely. Some clients prefer to attend FDR without their lawyer, with the option to seek legal advice at appropriate times during the conference if required.
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Our service fees do not include the cost of legal representation or advice.
We are not involved with the payment of legal fees.
If you have questions about your legal fees, you should speak to your lawyer.
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Third-parties may be permitted at FDR with the consent of the FDRP.
If a third-party attends FDR, they will be required to comply with the directions of the FDRP.
FDR - Reaching Agreement
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The FDRP will assist the parties but has no control over the outcome of any conference.
While many clients reach agreement at FDR, whether an agreement is reached is a matter for the parties.
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If an agreement is reached at FDR, the parties may choose to document the agreement.
An FDRP may be able to assist parties in capturing an agreement reached by drafting a Parenting Plan or a Heads of Agreement document.
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An FDRP cannot draft or assist parties in the preparation of legal documents. This includes but is not limited to Court Orders and Court Applications.
If you would like your agreement to become legally binding, you will need to take additional steps.
We recommend seeking legal advice.
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We recommend that parties seek legal advice before signing any agreement.
An FDRP cannot provide advice about any agreement reached.
FDR - Section 60I Certificates
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Where parties are unable to reach an agreement, a FDRP may issue a Certificate under Section 60I of the Family Law Act 1975. This is commonly referred to as a Section 60I Certificate.
A Section 60I Certificate may be required by a party prior to filing an application for parenting orders in the Federal Circuit and Family Court of Australia.
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Where deemed appropriate, a Section 60I Certificate will be issued by the FDRP in parenting matters.
The reason for and timing of issuing a Certificate is a matter for the professional judgment of the FDRP.
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Our fees are clearly outlined on Our Services page.
We do not charge any additional fee for the issuing of a Section 60I Certificate.