Family Dispute Resolution (Mediation)

Conflict is a normal part of life. Even amongst groups of people with similar backgrounds and aspirations it is rare to find even two who agree on everything! Without conflict or disagreement, real progress or change is unlikely.

Mediation is a method of dealing with disputes that focuses on the problem itself rather than the people involved. It is a method of problem solving where the mediator helps the people involved to communicate effectively with each other and to negotiate and deal with the issues in a structured manner.

Some frequently asked questions about family dispute resolution

How do the new laws about COMPULSORY FAMILY MEDIATION affect me?
What happens in a Family Dispute Resolution (FDR) session?
What are some of the other usual features of FDR?
What is my role in the FDR process?
What is the role of the FDRP (Family Dispute Resolution Practitioner)?
What are some of the benefits of FDR?
What if I am frightened of my former partner?
Are agreements reached at FDR legally binding?
What are the events leading up to FDR?
What does it cost?
Downloads

How do the new laws about COMPULSORY FAMILY MEDIATION affect me?

From 1 July 2007 if are considering applying to a court for orders relating to children, you are required to have considered family dispute resolution options.

Since July 1 2007, the situation is now that in order to file an application in the Family Court concerning children you must either:

take part in FDR and provide the Court with a certificate given to the applicant by a Registered Family Dispute Resolution Provider; or
provide the Court with a duly sworn or affirmed Exemption Form.

You may seek an exemption where:

The court will be satisfied that there are reasonable grounds to believe that:

there has been child abuse
there is a risk of child abuse
there has been family violence
there is a risk of family violence; or
the application alleges contravention of a parenting order that was made less than 12 months ago and alleges behaviour that shows a serious disregard of obligations under that order; or
There is urgency; or
Either party is unable to participate effectively in family dispute resolution.

Catherine Doran at DIY Family Law, provides Family Dispute Resolution Services to people in these circumstances and is able to provide Certificates as required above, as a registered Family Dispute Resolution Practitioner.

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What happens in a Family Dispute Resolution session?

The Family Dispute Resolution Practitioner (often with the use of a white board) helps the participants:

list the issues that are in dispute;
prioritise, by agreement, the importance of each issue;
to articulate not only “what” they want for the future, but “why” they want it;
listen to each other in a respectful way;
speak about their particular needs;
to work through the items for discussion, to find interests that they have in common and to move towards a range of options for further discussion;
consider which options, or combinations of options, may work and which may be discarded;
explore in detail the effects of accepting possible options, including the effects on other people (particularly their children);

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What are some of the other usual features of FDR?

the details of what is said or discussed at the FDR process are confidential (to the extent the law allows) and inadmissible for future use in Court if the matter proceeds to Court;
involvement in the process is voluntary and may be terminated by a participant (or by theFDRP) at any time.

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What is my role in the FDR process?

FDR is a process where the people involved in the dispute – the participants – are the ones who decide

what needs to be discussed and in what order of priority, and
what, if any, agreement will be reached

You will get most benefit from of the FDR process if you

“focus on the problem not the person”. It is more helpful to work together to make good arrangements for your children rather than get bogged down in old or current issues about each other;
speak only for yourself and listen carefully to the other person;
focus on the future rather than the past. For every couple, it has usually taken a whole range of circumstances to reach the position they currently find yourselves. In order to make good and lasting decisions it helps to visualise what you would rather happen in the future than concentrate on what has already happened in the past;
speak respectfully to each other and call each other by name, rather than “him” or “her”;
speak about not only “what” you want but also “why” you want it;
try to be generous about what each other might say;
have already received good legal advice before attending at the FDR. It is very difficult to make wise decisions unless you have got as much information as possible.

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What is the role of the FDRP (Family Dispute Resolution Practitioner)?

The FDRP will:

be both neutral and impartial ie will assist and support both parties but not take the side of either;
assist each person to consider the reality and effect of particular suggested options and will participants to be as objective as possible in their decision making;
work towards creating a forum where each person feels that their concerns have been “heard” by the FDRP and by the other person.
not impose a solution but may help participants to generate options;
not give legal advice to the participants, even if she / he is a lawyer;
attempt to improve the process of decision making and will help each party to articulate what it is that they each need;

The participants are the ones who make any decisions - the FDR Practitioner is responsible for how the meeting is run (the process).

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What are some of the benefits of FDR?

FDR:

provides direction (through the FDRP) and a stage-by-stage process towards mutual agreement;
allows time for participants to bring out issues of concern and discuss options directly with one another;
focuses participants upon listening to each other’s viewpoints;
is, in most instances it is considerably cheaper than other options such as litigation or arbitration – and less time consuming;
focuses upon prospects for the future rather than the perceived injustices of the past
encourages cooperative problem-solving between participants rather than resorting to old patterns of argument or avoidance;
provides a safe and positive environment in which problems can be discussed;

You are in control of the outcome, not a Court or someone else outside the family dispute resolution process.

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What if I am frightened of my former partner?

FDR is not appropriate in every situation. One of the fundamental premises of mediation and family dispute resolution is that each person is willing and able to speak for themselves without being overpowered by the other. Where there is a history of physical or emotional violence or coercion it is possible that any negotiations will simply follow the pattern of the relationship itself undermining any notions of fairness and free will.

It is vital for an FDRP to recognise circumstances where the power imbalance between the parties is too great such that it is not appropriate to conduct a joint session of FDR. In those circumstances other arrangements may be made to conduct the mediation differently or, FDR may simply not take place.

The Family Dispute Resolution Practitioner will use his or her professional judgment as to whether:

each person will be able to negotiate openly and speak freely in front of the other in FFDR;
the imbalance of power is too great for the FDRP to redress;
either party’s conduct or comments causes them to believe that they are likely to act in an intimidating or overbearing manner in mediation – notwithstanding what they might have said to the contrary;
overall, conducting a joint session of FDR will make the matter worse rather than better.

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Are agreements reached at FDR binding?

If agreement is reached, the Family Dispute Resolution Practitioner (FDRP) will assist you to record a summary of the agreement in writing. This can then be redrafted by you, or a lawyer, into a legally binding document.

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What are the events leading up to FDR?

Typically (though every Family Dispute Resolution (mediation) is different), Family Dispute Resolution involves the following steps:

The FDRP is approached by someone with a request for Family Dispute Resolution and conducts and initial intake session (approx 1 hour) with that person;
The FDRP telephones or writes to the other person, or people, involved and invites them to take part in Family Dispute Resolution.
The FDRP provides each person with:
- information about Family Dispute Resolution (mediation);
- information about the Family Dispute Resolution Practitioner’s professional background.
If the person contacted is prepared to take part in FDR, an appointment is made for them to attend for their initial intake session (approx 1 hour) with the Family Dispute Resolution Practitioner;
If the dispute is suitable for mediation, a time and place is arranged for the joint meeting. This initial joint meeting generally takes approximately 3 hours and is usually held at the rooms of DIY Family Law at 104 Parry Street, Perth.
If the FDRP decides that the dispute is NOT suitable for mediation, both people will be informed of that decision and a Certificate may issue to enable you to have the matter dealt with in Court.

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What does it cost?

The vast majority of family disputes are settled in a period of time between 3 - 7 hours (including the initial individual sessions for each person), however it is impossible to say with certainty, beforehand, how long individual matters will take.

At DIY Family Law, the cost for Family Dispute Resolution is as follows:

Initial 1 hour intake session is charged at the rate of $220, with each person paying for their own session. (If the session runs for longer than 1 hour, which is unusual, the remainder of the session will be charged at an hourly rate of $165); thereafter,
FDR conducted between participants is charged at an hourly rate of $165, with that amount being shared between the parties.
You may agree between yourselves in what proportions the cost is to be shared, but in the absence of agreement, the policy is that each person shares the cost equally.

*All rates are inclusive of GST.

Information about fees will be clarified with clients before commencing the Family Dispute Resolution process.