Family Dispute Resolution Caboolture & Brisbane

Family Dispute Resolution (FDR) is a pathway to an agreement for the care arrangements of children whose parents are separated.

If you and an ex-spouse, or partner, are having a dispute about parenting matters, you must attempt Family Dispute Resolution before using the Family Court as a means of resolving the issue.

In other words, if you have been thinking about applying for a parenting order from the Court, you must first sit down with a mediator for separated parents. With some exceptions, only after Family Dispute Resolution has been attempted and has proven unsuccessful does Australian law allow separated families to apply for parenting orders through a family law court.

Do you need a Family Lawyer, or a Mediator?

In Family Law, the terms Family Dispute Resolution and Mediation get used interchangeably. Mediation/Family Dispute Resolution is a process in which a Family Dispute Resolution Practitioner (“Mediator”) helps separated or divorced couples resolve their disputes with each other.

The Mediator is independent of all the parties involved in the process. If you already have a lawyer assisting with your FDR process and are looking for an FDR Practitioner or Mediator, we can still help.

Learn More About Our Mediation Services

How Does a Mediation for Family Dispute Resolution Work?

Many clients are unsure of what to expect when they enter into Family Dispute Resolution. A mediation usually means one or more meetings with the Mediator, the two parties, and possibly their lawyers as well.

This process is objective and impartial, which means the Mediator must always be entirely independent of the involved parties. Said another way, the Mediator will be someone who does not have a pre-existing professional relationship with the clients.

The mediation process aims to de-escalate conflict and reach a resolution. Let’s face it; some people can’t get along. Depending on the parties involved, the meetings can take place in person, in separate rooms, or by telephone.

The role of the Mediator is to assist the parties to reach an agreement. It is not the role of the Mediator to give legal advice. The Mediator’s role also includes ensuring:

The process is fair and civil
That everyone has a chance to be heard
The issues in dispute get identified
All available options get explored

The most significant benefit of mediation is the impartial nature of the process. Family Dispute Resolution is valuable for getting a fresh perspective on your conflict and hopefully making headway towards a resolution.

Common Questions About Family Dispute Resolution

The Court requires an attempt to arrange mediation for parenting disputes before either party can seek a parenting order from the Family Court. A Section 60i Certificate is issued by a Family Dispute Resolution Practitioner. A Section 60i Certificate confirms whether the parties attended, made a genuine attempt at resolution, if mediation is not appropriate due to other circumstances, or that a party refused or failed to attend.

A Section 60i Certificate is not required when applying for other non-parenting orders such as property, spousal maintenance, or child support. There are also a limited number of circumstances where a Section 60i Certificate is not required, such as genuine urgency, cases of child abuse or family violence, and Hague Abduction Convention orders.

We can advise on whether your circumstances are likely to require a Section 60i Certificate.

Sometimes, clients sit down with family law mediators in Brisbane, viewing the mediation process as little more than a formality. But even if it weren’t a requirement for obtaining a parenting court order, Family Dispute Mediation would still be advisable for resolving contentious parenting disagreements, divorce/separation matters and more. At its best, led by a qualified and experienced professional, mediation can help inspire more empathetic and productive conversations than any courtroom battle.

Our goal is always to solve disputes through negotiation. Court battles are unpredictable, expensive and often extremely damaging to whatever relationships remain between the involved parties. Mediation, through a more controlled and less formal environment, can encourage productive conversations, highlight unexplored solutions and deliver outcomes that are agreeable to all parties.

Our offices in Caboolture have been host to Family Law mediations for parties from the Sunshine Coast to Brisbane. If the other party does not agree to hold the mediation at our offices, we can negotiate a separate, independent location for it to take place.

If we are already engaged as your lawyer, we cannot be appointed as the Family Dispute Resolution mediator for your matter. As mentioned above, the Mediator must be independent of all the parties involved in the dispute. It would not be fair for the Mediator in a formal Family Dispute Resolution situation to be someone who already has an existing working relationship with one partner/spouse or the other. In such cases, we can provide a shortlist of FDR Practitioners for both parties to consider and agree on one.

Yes, we have a Family Dispute Resolution Practitioner on our team. Hayley Cunningham, our firm’s legal practitioner director, is also a Family Dispute Resolution. Hayley has more than 15 years of experience practising family law and is also a skilled and experienced mediator. Hayley can issue Section 60i Certificates for parenting mediations. For more information see our Mediation services page.

What You Can Expect from Family Law Group Solicitors Regarding Lawyer-Assisted Mediation

At Family Law Group Solicitors, there are a variety of ways we can help you through the mediation process, including:

Attending mediation with you (except through a family relationships centre)
Providing advice about process and outcomes before and after a mediation
Developing potential solutions for use in the FDR process.

If you have any questions about how the process will look or what kind of outcomes it will seek, you can always speak to us to learn more.

Ready to Start Family Dispute Resolution?

We are happy to act as your Family Dispute Resolution Practitioners or to assist as you work through family dispute resolution with an impartial third party.

If you are interested in pursuing mediation in Caboolture or Brisbane, give us a call at Family Law Group Solicitors on (07) 5499 2900.

Or, you can send us a confidential enquiry by using our contact page.

Get in Touch