What is Family Dispute Resolution (and Why is it Mandatory)?

Separating from a partner is rarely straightforward, especially when children are involved. In Australia, there's a specific process designed to help families resolve disputes without immediately going to court. If you're facing family challenges that seem impossible to solve, consulting with professional dispute resolution lawyers on the Gold Coast can help clarify your options and legal obligations. This article explains what Family Dispute Resolution (FDR) is and why Australian law often requires it before heading to court.

Key Takeaways

• Family Dispute Resolution is a mediation process helping separated families resolve disputes outside of court
• FDR is mandatory before filing parenting matters in court, with limited exceptions
• A Section 60I certificate is required if you wish to proceed to court after FDR
• Both free and paid FDR services are available through various providers
• Exemptions exist for cases involving family violence or child safety concerns

What is Family Dispute Resolution?

Family Dispute Resolution is a structured mediation process specifically designed to help separated couples resolve disputes about parenting arrangements or property division. It's conducted by accredited FDR practitioners who act as neutral third parties to facilitate constructive discussions.

The Mandatory Nature of FDR

Since 2006, FDR has been mandatory before filing applications for parenting orders in the Family Court or Federal Circuit Court. This requirement is established under Section 60I of the Family Law Act.

The policy aims to:

• Encourage parents to resolve disputes without court intervention
• Reduce the burden on the court system
• Promote collaborative decision-making focused on children's needs
• Reduce financial and emotional costs of lengthy litigation

The requirement applies primarily to parenting matters. Financial disputes don't legally require FDR, though many couples choose this route for property matters as well.

"We regularly see better outcomes for families who approach dispute resolution with open minds. When parents can create their own solutions through mediation, the arrangements tend to be more practical and sustainable than court-imposed orders." - Advance Family Law

The Section 60I Certificate Explained

If you wish to proceed to court for parenting matters, you'll need a Section 60I certificate from an accredited FDR practitioner. This certificate serves as evidence that you've attempted FDR or that it wasn't appropriate in your circumstances.

A Section 60I certificate may state that:

• You attended FDR and made a genuine effort to resolve issues
• The other party refused or failed to attend
• The FDR practitioner determined the case unsuitable for mediation
• FDR began but was discontinued due to impracticality

These certificates are valid for 12 months from the date of issue. Without one, the court will generally not accept your application unless an exemption applies.

The FDR Process

The FDR process typically follows these stages:

1. Intake and assessment: Each party meets separately with the practitioner for screening and assessment. This helps identify any safety concerns, power imbalances, or special needs.
2. Joint session: If deemed appropriate, parties meet together with the practitioner who guides discussion through:
   • Identifying issues to be resolved
   • Exploring each party's concerns and priorities
   • Developing and evaluating options
   • Working toward mutually acceptable agreements
3. Documentation: Any agreements reached are documented, usually in the form of a parenting plan or the basis for consent orders.
4. Certificate issuance: If agreement isn't reached or FDR isn't appropriate, a Section 60I certificate is issued.

Exemptions from Mandatory FDR

Not all cases require FDR before court. Exemptions apply in several circumstances:

• Family violence or child abuse: When there are reasonable grounds to believe family violence or child abuse has occurred or is at risk of occurring
• Urgent matters: Cases requiring immediate court intervention
• Practical barriers: Situations where one party is unable to participate (due to incapacity, imprisonment, or being overseas)
• Previous non-compliance: Where one party has shown serious disregard for family law orders within the last 12 months

To claim an exemption, you'll need to file an affidavit with your court application explaining why FDR isn't appropriate in your case.

Practical Considerations for FDR

To make the most of FDR:

• Costs: Services range from free or subsidised (at Family Relationship Centres) to private practitioners charging $200-500 per hour. Many offer sliding fee scales based on income.
• Timeframes: Wait times can be 4-8 weeks at government-funded services, but private practitioners may be available sooner.
• Preparation: Bring relevant documents about children's schooling, health, and current arrangements. For financial matters, bring details of assets, liabilities, and income.
• Support: Consider seeking legal advice before and after FDR. While lawyers don't always attend sessions, understanding your legal position is valuable.