What is Family Mediation and Family Dispute Resolution?

Mediation that involves family law matters is officially called Family Dispute Resolution (FDR).

Family mediation is a method of resolving any differences between you and your former partner with the assistance of a neutral third party, a mediator. The mediator can assist in reaching an agreement on financial, property, or child-related concerns (parenting plan). Under Australian family law, it is compulsory for separated parents to attempt FDR before applying to a family law court for parenting orders. However, there are some exceptions to this requirement. For example, when parties formalised their agreement via consent orders; or matters with family violence or child abuse.

When you and your former partner disagree about arrangements for your child/ren after separation, seeking help from an FDR practitioner (FDRP) is the best way forward. An FDRP is an independent person who does not act for you or your former partner, is trained in negotiation and specialising in family disputes. An FDRP will not take sides with any of the people involved in the mediation and remain neutral. An FDRP facilitates the process by encouraging separated parents to talk about the particular issues in dispute.

FDRPs are trained in responding to domestic and family violence, in creating a supportive environment, in dealing with vulnerable people, and providing a safe environment in order to allow separated parents to openly discuss and clarify issues as well as allow them to feel safe to disagree and not be judged. FDR is significantly less expensive than having to go to court.

During FDR you do not have to be face-to-face or in the same room as your former partner. FDR can be conducted in a shuttle format, where each parent sits in his/her own room and an FDRP liaises between them. It can even be done by telephone or video call. Shuttle or virtual mediations are particularly appropriate where there are safety concerns or because the participants live a long way from each other. Everything you say in front of an FDRP is confidential, with some exceptions to this rule, such as to prevent a threat to someone's life or health or the commission of a crime.