A Guide to the Family Dispute Resolution Process
Posted on: 30 November 2020
Australian law has a mechanism which is designed to help people to resolve disputes which arise during legal action. These disputes may relate to who has custody of a child, the division of property during a divorce. Read on to find out more about the Family Dispute Resolution (FDR) process.
When is an FDR required?
If you and the other party involved are unable to reach an agreement informally, you will be required to engage in the Family Dispute Resolution process before you can make an application to a family court so a judge can decide on child custody or the division of assets or property.
What does an FDR involve?
The Family Dispute Resolution process involves both parties engaging with a certified legal professional who is trained to mediate disputes and to manage negotiations. The practitioner is not there to take sides but instead will remain impartial throughout the process. They'll arrange a series of meetings where you and the other party can present each side of the case.
The legal professional will then explore where compromises may be made or if any party is willing to give ground in one area. Following that, a mediator will have the opportunity to talk to both of you about the conversations and come to a decision about the best way forward. There is no right or wrong solution; each party must be able to work towards a solution that suits them. This is a confidential process and is entirely non-coercive. It is not meant to be a forum for revenge or spite. It is all about finding a way to resolve the conflict to the benefit of both parties.
What happens if the FDR process works?
If the mediation is successful a plan will be drawn up and signed by both parties. You can then move forward with this agreement without having to attend court. However, if at a later date one party reneges on the agreement, it may be necessary to start the process again.
What happens if the FDR process fails?
Sometimes, it will not be possible to reach an agreement which is satisfactory for all parties involved. If this occurs, your case will be referred to a family court so a judge can assess the evidence presented before making a decision relating to child custody or the division of property or assets.
For more information, you should make contact with a legal office that offers family law services.
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