Family dispute resolution can feel overwhelming. But with the help of a neutral mediator, you can explore both private and public mediation options. We’ll work with you to find the approach that best suits your needs and helps you reach a resolution that works for your family.
Family Dispute Resolution is a compulsory process that facilitates dispute resolution outside of the Court System.
With the assistance of a neutral third party (Mediator) you may elect to engage with a private mediator which tends to be a quicker process, or public mediation which for many is the more cost effective solution.
It is not only preferable but compulsory that both parties make a genuine effort to resolve the dispute without going to court. Family dispute resolution facilitates this in a calm, professional environment with the assistance of a neutral third party (the mediator). Parties have the option of engaging a private or public mediator. Private mediation is at a cost that is typically shared equally by the parties. It is often a quicker process than choosing mediation through a public organisation, for example Relationships Australia. Public mediations can often be delayed due to the high number of clients but are more cost effective than private mediations.
If the parties attempt family dispute resolution and cannot reach an agreement, then a section 60i certificate will be issued. This will allow a party to commence court proceedings.
There are various advantages to Family Dispute Resolution processes like mediation, including:
It is important to note that any agreement reached will not be legally binding, unless the parties engage in consent orders or a financial agreement.
The main disadvantage of mediation is that the parties will not be legally bound by any agreement reached. In order to ensure the agreement is binding and enforceable, the parties need to formalise the agreement by way of consent orders or a financial agreement. Although the public mediation system is cost effective, it is backlogged, meaning there can be a significant delay in the parties attending mediation. This in turn means a delay in the parties coming to an agreement. Parties can choose to use a private mediator which can generally be organised quickly although at greater cost.
Mediation may be difficult if one party is unwilling to cooperate or compromise with the other. Both parties should be open, communicative and respectful of the other.
If family dispute resolution is able to facilitate the parties reaching an agreement, you have the choice to formalise the agreement or leave it on an informal “handshake” basis. There is no law that states you must formalise an agreement, but most parties choose to formalise in order to ensure the agreement is both enforceable and legally binding.
The first way to formalise an agreement is through Consent Orders. Consent orders can be made in relation to parenting or property or financial agreements. Once an agreement has been made, the parties’ lawyers will draft the consent orders and file them with the Federal Circuit and Family Court of Australia. Once approved by a Registrar, the orders become binding and enforceable.
Another way to formalise an agreement is by way of a Financial Agreement. Financial agreements can be made in relation to property settlements and/or spousal maintenance. An agreement will be drafted by one party’s lawyer and if both parties are satisfied with the agreement they will sign it.
Before parties sign however, they must each have received independent legal advice. In respect of parenting arrangements, parents can enter into a parenting plan which is not enforceable and does not stop a parent from making an application to a court for parenting orders (although a court will take into account the terms of the parenting plan). Parents can also enter into a binding child support agreement which can create enforceable obligations for contributing children’s expenses.
eeking a less stressful path to resolving your family law issues in Australia? Foye Legal offers expert Family Dispute Resolution services to help you negotiate and reach agreements outside of court. Find a constructive way forward – contact us today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
Family Dispute Resolution (FDR) is a process where an independent, qualified practitioner helps separating or separated parties discuss and attempt to resolve their family law disputes, such as those involving children or property. Generally, before applying to the Family Court for parenting orders, parties are required to attend FDR and obtain a certificate stating they have made a genuine effort to resolve their issues, unless there are exceptions like family violence or urgency.
FDR can offer several benefits, including providing a less adversarial and more cost-effective way to resolve disputes compared to court proceedings. It allows parties to have more control over the outcome, potentially leading to more child-focused and mutually agreeable solutions, and can help improve communication and co-parenting relationships in the long term.
If parties attend FDR and are unable to reach an agreement on all or some issues, the FDR practitioner will usually issue a certificate. This certificate allows parties to then apply to the Family Court of Australia to have the unresolved issues determined by a judge. The court will then make decisions based on the evidence presented and the relevant family law principles.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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