What is Family Dispute Resolution under the Family Law Act 1975 (Cth)? What are its’ advantages?

Family dispute resolution (FDR) is a “mandatory” mediation process used to help the parties in a family breakdown settle their disputes before filing an application before the Court. Unlike Court processes, FDR conferences offer more control for the parties involved to reach an agreement that works best for their unique circumstances. Additionally, FDR conferences are timely and cost-effective way to resolve your family law disputes.

What is FDR under the Family Law Act 1975 (Cth)

Under Part II Division 3 of the Family Law Act 1975 (Cth), Family Dispute Resolution is a process run by a Family Dispute Resolution Practitioner (FDRP) to assist the parties who are either directly affected (or likely to be affected) by a separation or divorce to resolve some, if not all, of their disputes before they file an application before the Court. Family dispute resolution can take the form of facilitative mediation, a child-inclusive conference or a child-focused conference.

As noted above, participation in the FDR conferences is a mandatory part of the pre-filing procedures for any parenting matters before the Federal Circuit and Family Court of Australia (FCFCA). The objective of the mandatory FDR requirement is set out in s 60I(1) of the Family Law Act 1975 (Cth). Namely, the aim of the FDR conferences is for all the relevant parties who wish to seek children’s or financial orders to make a genuine effort to resolve their disputes before they file an application for parenting orders at Court. And unless parties obtain a section 60I certificate, they will not be able to file their application before the Court.

Advantages of FDR Conferences

One of the main benefits of attending FDR conferences is that it diverges people from going through the lengthy, costly and emotionally straining Court processes. Instead, participation in the FDR conferences can help parties resolve their disputes in a timely manner.

Perhaps, to put things into perspective, while many Family Law cases do settle within 12 months, it is not uncommon for Family Law proceedings to take 2-3 years (if not longer) to finalise. In comparison, most mediations can be settled within days, if not hours. In light of this, the savings in time and financial resources are substantial for the parties involved in a family breakdown.

Another major benefit of FDR conferences is that the contents of these conferences are privileged, confidential and inadmissible to the Court. This means the discussions held within the conference cannot be admitted as evidence at Court to be used at a trial later on. In light of this, parties involved in an FDR conference may have honest and frank discussions during mediation and effectively resolve their conflicts. Also, the parties to the mediation can do so without fearing repercussions that the content of the discussions will be used adversely against them in the later proceedings.

Furthermore, at FDR conferences, the parties to the mediation will have more control over their decisions than in a Court setting. In particular, during FDR sessions, the Family Dispute Resolution Practitioner will try their best to protect parties’ self-determination and help them make voluntary and uncoerced decisions regarding their matter. In addition, the Family Dispute Resolution Practitioner will also help the parties to consider all the relevant and unique circumstances of their family situation to work out a parenting arrangement that is both practical and in their children’s best interests.

In comparison, the Orders made by a Court are imposed on the parties to comply with. In this regard, the party does not have as much control and input into the decision-making process. Also, considering the Court only has finite resources such as time and funding, it is unlikely that the Court will consider all of the parties’ circumstances, but only those relevant and necessary circumstances in determining the child's best interests. Given this, the Orders imposed by a Court are less likely to accommodate the family's needs as comprehensively as the consent agreements made during the FDRs.

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Please note that this article does not constitute legal advice, and HandO Lawyers will not be legally responsible for any actions you take based on this article.