FAQ

FDR is particularly well suited when parenting arrangements or property settlement issues are unresolved and the parties:

• Desire to resolve the dispute(s)
• Agree for a mediator to help
  
  

FDR practitioners are required by law to assess the parties’ suitability to participate in FDR. This broadly concerns each party’s ability to negotiate during a mediation, which can be impacted by any history of family violence and imbalances in bargaining power, among other factors. The FDR practitioner will facilitate the mediation in a manner that aims to ensure the process is fair and safe. A party may have a lawyer attend with them if they wish.

The FDR practitioner may suggest the mediation be structured in a certain way to promote fairness and safety. However, in some circumstances, FDR may be considered inappropriate. In that event, the FDR practitioner will issue a certificate, known as a section 60I certificate (referring to s.60I of the Family Law Act 1975), to the parties confirming the matter is assessed as not suitable for FDR. These certificates allow parties to file a parenting application in the family law court if they wish.

If you are interested in FDR but are unsure if the other party would be, you can suggest FDR to them if you are comfortable doing so. You may prefer us to contact the other party to see whether they would like to participate.

A section 60I (“sixty i”) certificate must be filed at the same time that a parenting order application is filed with the court unless an exception is applied for. A section 60I certificate confirms to the court that family dispute resolution has been conducted or has been attempted. These certificates can only be issued by registered FDR practitioners. There are five types of section 60I certificates an FDR practitioner can issue. These are described as follows:

1. The person did not attend FDR because of the refusal or failure of the other person or people to attend.
2. The person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
3. The people attended FDR conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
4. The people attended FDR conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
5. The people began FDR, but part way through, the practitioner decided it was not appropriate to continue.

FDR is more time efficient, with a shorter waiting list and a shorter duration, with intake to final agreement taking only a few weeks. Conversely, the family court process can take up to two years from the lodgement of your initial application to receiving the final orders.

At RMDS, we understand that no two cases are the same, so we take an individualised approach to each one to ensure the best possible outcome for both parties and in the best interests of your child(ren). We are experienced in facilitating successful outcomes for our clients without resorting to court proceedings or lawyers. With a professional mediation service, you can rest assured that your dispute will be managed with respect and understanding from start to finish.

The family court is unlike FDR, whereby the process can be very intimidating, expensive and adversarial as a judge decides the outcome.

FDR is far less stressful than going through the family court process because of cost, time and the cooperative approach used to resolve parenting issues.

The Family Law Act 1975 has a mandatory requirement for parties to make a genuine effort to pursue family dispute resolution (FDR), i.e., mediation, before taking a parenting case to court (unless an exception applies). Participation or attempted participation in FDR is confirmed by a section 60I certificate issued by a registered FDR practitioner. Unless an exception applies, a section 60I certificate must be filed at the same time a parenting case is filed. All our practitioners at RMDS are authorised to issue section 60I certificates.

Yes, you can have a lawyer assist and attend with you throughout the process, either in person or available on the telephone for you to contact. A lawyer can play an important role in providing advice and advocacy for a client during the mediation process. Some clients are comfortable participating in mediation without a lawyer; it’s really a matter of personal choice. It can be helpful to obtain legal advice from a family lawyer prior to attending FDR, though this is not compulsory.

We always recommend our clients obtain independent legal advice because, within the confines of FDR, we can only provide legal information, not advice. Members of our team may be registered lawyers; however, we cannot provide legal advice when providing mediation services.

Mediation is a process that allows two parties to come together in a safe and confidential environment to discuss their dispute. The aim is for the mediator to facilitate a structured conversation between the parties, so they produce their own options and agreements that will resolve their issues moving forward. In other words, any outcomes are self-determined.

Any mediation agreement must include the following three criteria to be successful: 

1. The points in the agreement will solve their issues.
2. The proposed outcomes in the agreement must be workable, with nothing preventing the outcomes from working.
3. The parties must be able to commit to the points in the agreement. 

In summary, to be successful, the agreement must include the three elements of solve, workable and commit (SWC).

FDR can result in successful outcomes without resorting to court proceedings or expensive litigation.

No, not at all. We offer both face-to-face and remote teleconference-based mediation sessions and services. From the initial consultation to closure, the whole process can be undertaken remotely, securely and confidentially. 

We understand using technology can be daunting for some, so at RMDS, we use the widely used, simple and secure Zoom meeting app as it is very user-friendly, easily accessible and free to download to any computer or Android or iOS smart device. We can assist you in setting it up and using it if needed.

If you reach agreement with the assistance of our services, you can enter into a parenting agreement or parenting plan. Although not legally enforceable, many parties are happy to be guided by these documents. If you choose to make your agreement legally binding, you must file an Application for Consent Orders, so the agreement is converted into binding court orders. This is the same outcome as a judge making an order in the court. 

An agreement or plan details things like the living arrangements for your child(ren), holidays, special celebrations, education and extracurricular activities, religion, holidays and travel, passport safe-keeping and much more.

Yes. Providing the other party is agreeable to you having a support person, and they are offered the same opportunity. The identity of your support person can remain confidential.

Unfortunately, you cannot mediate by yourself; we need both parties to mediate. At your intake, we will confidentially gather relevant information and background to the dispute from your perspective. We will then formally invite the other party to attend a confidential intake. 

We will do everything possible to encourage the other party to attend. Sometimes, they simply need to feel safe and trust our process. Often, they want reassurance that we are neutral and independent and “not on anyone’s side”. If the other party refuses to attend despite our efforts, we will advise you of your options, one of which is to proceed to court.

In matters concerning the care of or contact with children, if appropriate, we will direct the issue of a certificate (Section 60I) to enable this to occur. Mediation can still take place even after court proceedings begin if the parties agree or the court makes an order for the parties to return to mediation to further attempt to resolve the dispute.

Most financial/ property pools don’t comprise equal contributions. The court must consider both financial and non-financial contributions to a relationship. One party may have taken a career break to raise children, undertaken study or further training or contributed via manual labour like renovating a family home. These are seen as non-financial contributions to the asset pool and will be considered in the mediation process and in the eyes of the court. For any financial/ property settlement, both parties are required by law to provide full and frank disclosure of all assets, liabilities, inheritance, shares, interests etc.; anything that can be discoverable and brought forward for consideration must be disclosed.

We can provide you with resources and referrals to the department of human services and give you an overview of the process and options available to parents who have separated. We can’t offer advice or an assessment of your situation as every case is unique. We will ensure that you have the referral details to contact the appropriate resources to obtain the information you seek