Mediation & Family Dispute Resolution

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Mediation is a form of Alternative Dispute Resolution, which is a way of resolving disputes between two or more parties without going through the legal system. The process of doing mediation in family law is known as “Family Dispute Resolution”. A practitioner who undertakes this work is known as a Family Dispute Resolution practitioner (FDRP)

Typically, a Mediator assists both parties to work together to reach a shared agreement. Unlike the legal process, a resolution is not made by a Magistrate and imposed on one or both parties. If the parties involved do not agree on a shared outcome, the dispute remains unresolved.

The role of the Mediator is not to pass judgment or to give legal advice. They act as a neutral third party who facilitates, rather than direct, open discussion.

The basics steps of FDR are:

  1. One party contacts the mediator;
  2. An invitation is sent to the other party to participate;
  3. Upon acceptance an “intake” is conducted to determine the suitability of Mediation;
  4. If suitable a mediation date is set;
  5. Mediation occurs;
  6. Any agreement reached is drawn up by a lawyer to be formalised.

Mediation is a highly beneficial form of alternative dispute resolution.

What is Family Dispute Resolution?

Family Dispute Resolution is the term used to describe mediation services that are specifically designed to assist couples and families affected by separation and divorce. The sessions are tailored to facilitate calm discussions around, and solutions to, family disputes.

Why Family Dispute Resolution?

Separated families who have a dispute about parenting arrangements, such as children’s matters or property matters, are required by law to make a genuine effort to resolve the dispute through Family Dispute Resolution.

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