Frequently Asked Questions

We understand you may have questions about our family dispute resolution services.

We have compiled a list of frequently asked questions and answers below.

FDR – The Basics

  • FDR (commonly referred to as mediation) is a process designed to help families reach agreement about issues such as arrangements for children and property/financial matters.

    FDR is a specific type of mediation. It is a voluntary and confidential process conducted by an independent and impartial third-party known as Family Dispute Resolution Practitioner (“FDRP”).

  • A Family Dispute Resolution Practioner, also known as an FDRP, is a mediator who has undertaken extensive training in a range of areas, including child development and family conflict.

    FDRPs are required to complete a range of qualifications and competencies and are accredited by the Commonwealth Attorney General’s Department.

  • Most family disputes are suitable FDR.

    In many cases, adjustments can be made to the process to ensure the process is suitable for the parties.

    For FDR to proceed, all parties must be willing and able to participate in the dispute resolution process and have the capacity to do so.

  • Parties can attend FDR where there has been family violence if the matter is assessed as suitable.

  • Whether parties can arrange or attend FDR will depend on the terms of any Order in place.

    Many Family Violence Orders contain an exception that allows parties to participate in FDR.

    As part of our intake process, we require a copy of all current Court Orders, including any Family Violence Order.

    We will consider the Order/s provided and advise you of our assessment.

  • In most circumstances, parties are required to try to resolve disputes before applying to the Court.

    This may include inviting the other party to FDR and participating in FDR where it is safe to do so.

    There are some exceptions to this requirement, such as where there are urgent issues or there are safety concerns.

    If you are unsure whether you need to attempt FDR before going to Court, you may wish to seek legal advice.

  • We recognise the importance of ensuring each individual's access and support needs are met.

    The FDR process is flexible and we can make adjustments.

    We work with each individual to assess how we can best support them through the FDR process.

FDR – Part 1 (The First Appointment)

  • Our Part 1 appointments are conducted online via Zoom.

    A Zoom link will be sent to you at the time of booking.

    If you have accessibility requirements or requests, we may make alternate arrangements for your appointment/s.

  • After your Part 1 appointment has been confirmed, we will send you some information about FDR. We ask that you read this information prior to your Part 1 appointment.

    You don’t need to do anything else to prepare for the appointment.

  • A Part 1 appointment is a conversation between you and the FDRP.

    You do not need to have anything with you, but you should ensure you are somewhere comfortable and private.

    If you are using a mobile phone, your phone should be charged and you should have phone reception.

  • A standard Part 1 appointment is a conversation between the FDRP and the client.

    Third parties, including lawyers do not usually participate in the Part 1 appointment.

    If you have a lawyer, we may contact them as part of the Part 1 process.

    If you have accessibility requirements or support needs and want a third party to be present during your appointment, please let us know prior to your Part 1 appointment.

  • During Part 1 we:

    • Talk to you about what brings you to FDR

    • Provide information to you about FDR

    • Answer questions about FDR

    • Discuss safety

    We may also provide you with referrals if we think this is appropriate.

    Throughout Part 1, we will assess your matter for suitability to proceed to Part 2.

  • Before scheduling a Part 2 conference, the FDRP must be satisfied the matter is suitable to proceed to Part 2.

    The information provided in Part 1 helps the FDRP understand the issues in dispute and informs the process decisions the FDRP is required to make.

  • Our Part 1 appointments take approximately one hour.

FDR – The Suitability Assessment

  • Our assessment of suitability is an ongoing assessment and continues throughout the FDR process with us.

    We consider the information provided during Part 1 of FDR to assess whether your matter is suitable to proceed to Part 2.

  • Safety is our priority.

    We have significant experience in dealing with matters where people have used and experienced family violence.

    As part of our Part 1 FDR appointment, we ask a range of questions relating to safety and undertake a comprehensive risk assessment.

    FDR will only be assessed as suitable if we believe it is safe for FDR to proceed.

FDR – Part 2 (The Conference)

  • We want all participants to feel safe and able to participate in FDR.

    We offer a range of format options including shuttle conferences and online conferences.

    If safety concerns arise during a conference and the FDRP determines it is no longer suitable to continue, the conference will be terminated.

  • No. FDR is a voluntary process. We do not force parties to be in the same room.

    FDR can be conducted as a shuttle conference with parties in separate rooms.

  • The conference format will depend upon the circumstances and needs of the parties.

    We have a range of options available to clients (subject to suitability) including:

    • Joint conferences, shuttle conferences or a hybrid (mix of both joint and shuttle sessions)

    • Parties only or legally assisted FDR

  • A shuttle conference is where a conference is conducted with the parties in separate physical or virtual rooms.

    The FDRP moves between the rooms, assisting the parties in their discussions, which occur through the FDRP.

  • Decisions about how a conference should be conducted are a matter for the professional judgment of the FDRP.

    Any preferences and access requirements will be considered as part of our assessment process.

  • Our most affordable FDR option is a half day conference.

    The cost to each party to proceed to a half day FDR conference is $440 for Part 1 and $880 for Part 2 (A total of $1,320 per person including GST).

  • The FDR Part 1 fee is payable when you book your Part 1 appointment.

    Part 2 conference dates will only be secured once the Part 2 conference fee is paid in full.

  • We offer legally assisted FDR.

    If the matter is assessed as suitable for legally assisted FDR, lawyers will be permitted to attend.

    Arrangements can be put in place where only one party has a lawyer.

  • Absolutely.

    Some clients prefer to attend FDR without their lawyer, with the option to seek legal advice at appropriate times during the conference if required.

    Our process is flexible and we allow for breaks at appropriate times.

  • Our service fees do not include the cost of legal representation or advice.

    We are not involved with the payment of legal fees.

    If you have questions about your legal fees, you should speak to your lawyer.

  • Third-parties may be permitted at FDR with the consent of the FDRP.

    If a third-party attends FDR, they will be required to comply with the directions of the FDRP and may be required to sign a Confidentiality Agreement.

FDR - Reaching Agreement

  • While many clients reach agreement at FDR, whether an agreement is reached is a matter for the parties.

  • If an agreement is reached at FDR, the parties may choose to document the agreement.

    An FDRP may be able to assist parties in capturing an agreement reached by drafting a Heads of Agreement document or a Parenting Plan (additional charges apply).

  • An FDRP cannot draft or assist parties in the preparation of legal documents. This includes but is not limited to Court Orders and Court Applications.

    If you would like your agreement to become legally binding, you will need to take additional steps.

    We recommend seeking legal advice.

  • We recommend that parties seek legal advice before signing any agreement.

    An FDRP cannot provide advice about any agreement reached.

FDR - Section 60I Certificates

  • Where parties are unable to reach an agreement, a FDRP may issue a Certificate under Section 60I of the Family Law Act 1975. This is commonly referred to as a Section 60I Certificate.

    A Section 60I Certificate may be required by a party prior to filing an application for parenting orders in the Federal Circuit and Family Court of Australia.

  • When requested to do so, an FDRP may issue a Section 60I Certificate if it is appropriate to do so in parenting matters.

    There are a number of reasons a Section 60I Certificate may be issued.

    The issuing of a Section 60I Certificate is a matter for the professional judgment of the FDRP. This includes, but is not limited to, the timing of any Certificate and the reason the Certificate is issued.

  • We do not charge a fee for the issuing of a Section 60I Certificate.