What is a dispute resolution and Mediation?

Disputes may include conflicts over parenting and the care of children, child support, financial arrangements and how to divide their property.

A Dispute Resolution refers to a scope of services created to assist you resolve disputes arising from separation or divorce and improve your relationship with the other party.  

Mediation is a dispute resolution process where parties involved in a dispute are assisted by an independent third party to help them reach agreement. The parties may agree to appear for mediation to settle any parenting and/or financial disputes.

Arrangements about the care of children which are reached at mediation may be formalised by way of Parenting Plans and measures can also be undertaken for mediated agreements to be made binding by the Court which can be typically known as consent orders. FDR services offer an affordable and timely option for resolving disputes, while allowing you greater input into the process and the outcome.

What happens in this process?

During a FDR, also known as mediation, they use a step-by-step process to help people involved to negotiate and reach an agreement, with the mediators assistance, the parties:

• Are supported to communicate with each other clearly and respectfully
• Identify the issues that need to be resolved
• Explore and discuss different ideas and options
• Negotiate about the options
• Try and make arrangements about some or all of these issues
• Where a child is involved, focus on the child’s best interests.

The mediator will determine what is most appropriate for you and in you circumstances, if a child is involved they will determine the best interest of the child.

What are the mediators for?

A mediator, assists in managing and facilitating the FDR process, mediators don’t control what is discussed, parties are to discuss the matters and determine what decisions are made such as:

• Act impartially and independently
• Facilitate the discussion and manage the FDR process
• Keep in mind the ability of the parties involved to communicate and negotiate in the process
• Maintain confidentiality (within legal limits)
• Provide appropriate information and referrals.

However the mediators cannot:

• Provide legal advice
• Make decisions for the parties
• Advocate on behalf of a participant

When can it take place?

The process of mediation may take place either before or after court proceedings are commenced. FDR is a certain type of mediation which must, with restricted exceptions, commence prior to the initiation of court proceedings in parenting matters. The length of the appointments for the FDR process depends on the complexity of the issues.