What to Expect -
Steps towards Resolution
Family Dispute Resolution (FDR) is a form of mediation for separating or divorced parents. It provides a structured and supported way to work through parenting, financial and property issues.
This structured process facilitates productive communication between parents to ensure any agreement made reflects the best interests of all children involved and the "just and equitable" division of family assets and liabilities.
Benefits of Family Dispute Resolution
FDR typically costs far less than court and legal fees, and matters can often be resolved much sooner than through the court system. Your sessions stay completely private, and everything discussed remains confidential. Where children are involved, their best interests stay at the centre of every conversation. Unlike court, where a judge decides the outcome for you, Unlike court proceedings, where a judge makes the decisions, FDR allows you both to have a say in the outcome.
At Empowered Resolutions, we provide a safe and supportive environment where you can work through difficult issues without having to go through the court process.
A step-by-step guide to the FDR process at Empowered Resolutions:
Step 1: Initial Inquiry
(30 minutes)
One or both people can contact Empowered Resolutions to find out more about FDR.
We will explain how the process works, answer your questions and help you understand what to expect.
This initial conversation is free and there is no obligation to proceed.
Step 2: Intake & Assessment
(Up to 90 minutes)
Before mediation begins, each person has a private intake session with the Family Dispute Resolution Practitioner (FDRP). This can be held in person, over the phone or by video through Zoom.
The FDRP will talk with you about your circumstances and consider whether FDR is suitable for your situation. If mediation isn't appropriate, the FDRP will not disclose the reasons to the other person, in keeping with the confidentiality of the intake process.
If FDR is suitable, the FDRP will explain the next steps and help identify the issues you want to discuss. These might include parenting arrangements, finances or property. You will also be told what information or documents may be needed before mediation.
Step 3: Joint Mediation Sessions
(4 - 7 hours)
Once both people are ready to proceed, a joint mediation session is arranged. You will meet with the FDRP, either in person or by Zoom.
The FDRP guides the conversation and makes sure both people have an opportunity to be heard. Together, you will work through the issues, consider different options and see whether an agreement can be reached.
The first part of the mediation is usually about identifying the issues that need to be resolved. These may include parenting arrangements, time with children, holidays and other concerns about the children. They may also include financial or property matters.
Where children are involved, the focus remains on what is in their best interests.
The FDRP helps you work through practical options and negotiate towards an agreement that is fair and workable for both people.
Mediation can take place via Zoom or in person at our meeting rooms in Cronulla or Sydney CBD.
Step 4: Drafting an Agreement
If you reach an agreement during mediation, the FDRP can assist with putting the agreement into writing.
Depending on what you have agreed, this may be a Parenting Plan or a property settlement agreement. A Parenting Plan isn't legally binding by itself, but it can form the basis for Consent Orders or other formal arrangements.
If mediation does not proceed, or you are unable to reach an agreement, the FDRP may be able to issue a Section 60I Certificate where parenting matters are involved. This certificate is generally required before either person can apply to the Federal Circuit and Family Court of Australia for parenting orders, subject to the applicable exceptions.
We encourage everyone to obtain independent legal advice before signing an agreement. A lawyer can explain your rights and options and, where appropriate, help turn your agreement into a legally binding arrangement.
You don't need to know exactly what you want or have everything figured out before contacting us. We can explain the process, answer your questions and help you understand whether Family Dispute Resolution is right for your circumstances.