Family Dispute Resolution / Mediation
- Without their Lawyer and with a qualified FDR practitioner;
- With their Lawyer;
- With their Lawyer and also a qualified FDR practitioner; or
- With their Lawyer and a Court appointed FDR practitioner where the FDR is Court ordered.
1. Firstly, an intake session.
This is usually scheduled on a day prior to, or at the commencement of the FDR session. This gives each party the opportunity to separately discuss with the FDR practitioner their concerns and what they want to achieve. It also gives the FDR practitioner insight into the issues in dispute that each person has (sometimes they are different) which can help them determine how to best run the FDR session.
2. Secondly, the FDR session.
This can occur in person, or by video-link, depending on the locality of all participants involved. In some cases, the parties may feel uncomfortable being in the same room/on the same video-link for some or all of the session. In other circumstances, it is best for the FDR to be conducted by shuttle, meaning the parties remain in separate rooms/video-links and the mediator moves between the two actual or virtual rooms.
Family Dispute Resolution (“FDR”), also known as Dispute Resolution and Mediation, can be convened at any time during negotiations, including when in the middle of Court proceedings.
It is mandatory for any person seeking to file a Court Application to first invite the other party to attend Family Dispute Resolution (FDR), other than in exceptional circumstances. An example of an exceptional circumstance is an incident of, or the impact of domestic and family violence.
If Court proceedings are later commenced, the Court almost always orders the parties to attend a further Court-ordered FDR in the hope an agreement can be achieved to finalise the proceedings early.
There are different types of FDR that may see each party attend:
Negotiations during a FDR are “without prejudice.”
What does without prejudice mean?
This means that any information divulged or offers made during the FDR sessions cannot be referred to in later correspondence or Court proceedings. What happens in the mediation stays in the mediation. The purpose of this is to give the parties an opportunity to be open with one another and exchange offers freely.
Where FDR is convened with a FDR practitioner, there are generally two parts:
If an agreement is reached, we can assist with drafting the necessary documents to properly formalise the agreement. Ideally, these documents are drafted and signed on the date of the FDR session.
We strongly recommend you receive independent legal advice prior to signing any document and especially an agreement.
The FDR process can save parties time, cost and stress and lets them remain in control of the outcome of their separation.
Don’t delay seeking legal advice from an experienced Family Lawyer.
Phone our office today on 07 4722 2733 to secure a fixed fee initial appointment for $330 (including GST).