How to prepare for family dispute resolution

Separated families will often attend family dispute resolution (“FDR”) to try and resolve co-parenting arrangements for their children. This process is often compulsory for parties to attend before they consider making an application to the Court for parenting orders.

The goal of FDR is to find child-focussed and practical arrangements that will be suitable to everyone.

How should you prepare for FDR?

Before you attend, you should be thinking about the types of issues that may be discussed at your FDR session, and how you feel about all of these issues. For example, you may need to consider:

·       What are your non-negotiables? E.g. school needs, safety concerns

·       What areas can you be flexible on? E.g. changeover locations, pick up times

·       What are the children’s current schedules e.g. school, day care, other activities

·       What are each party’s work commitments

·       Any health needs/routines for the child or the parents that need to be factored in

·       A proposed parenting calendar/roster for shared care arrangements that you consider would be best for the children, and would work for the parties

·       What time each party would spend with the children on any special days e.g. Christmas, Easter, birthdays, Mother’s Day and Father’s Day

·       School holidays and shared care arrangements

·       Communication between the children and the parent they are not living with that day

You should also try to prepare yourself emotionally as best you can. Decide ahead of time how you would prefer to communicate at FDR. If you are respectful, clear, and solution-focussed – this may help keep your session on track and help both of you work towards reaching a compromise.

If you have safety concerns or just concerns about how you will communicate with the other party, discuss this with the FDR provider ahead of time. For example, you may prefer a ‘shuttle mediation’ where you and the other party are not in the same room.

If you reach an agreement at FDR – what happens next?

At the end of your session, the FDR provider will usually prepare a Parenting Plan which sets out the terms of the agreement reached during the FDR session.

If one or both parties would prefer the agreement to be put into the form of a Court Order made by consent (as opposed to a parenting plan), then usually one or both parties will then obtain legal advice from a family lawyer to assist them through the process.

If you don’t reach an agreement at FDR – what happens next?

If you do not reach a final agreement in your FDR session, you may be given the option by the FDR provider to attend another session. Sometimes it is difficult to reach an agreement after a single meeting, and it can help both parties to have some time to reflect, seek some advice, and then try again.

If FDR is unsuccessful, the FDR Provider will issue both parties with a certificate issued under section 60I of the Family Law Act. This certificate usually needs to be filed if one party wishes to apply to the Court for parenting orders to be made.

Should I seek advice from a solicitor before or after FDR?

A lot of people find it helpful to obtain advice from a family law solicitor before attending FDR so they can have a greater understanding of their own rights and responsibilities, and what the pathways are available to both parties if they do reach an agreement at FDR or are unable to reach agreement.

It can also be helpful to obtain advice from a counsellor to provide you with support about how to manage conflict, your emotions, and how to try navigate your FDR session to keep everything on track and try work towards finding a resolution.