Thomas Crum
Family Dispute Resolution (FDR) is a type of mediation that involves people meeting with a FDR Practitioner to try and reach an agreement about family law issues. FDR Practitioners undergo special training and accreditation to support separated families to work out their family law disputes.
FDR aims to help people affected by separation resolve disputes outside of court. The FDR Practitioner is neutral and independent and facilitates discussions. FDR can address various issues, including parenting arrangements, property division, and financial matters.
First stage: Each party has in intake (individual consultation) with the FDR Practitioner. Usually, a party will initiate mediation and then the other party is invited to participate and attend their own intake.
Second stage: If it is suitable to go ahead, your mediation is then booked. You can choose between a half day (4 hour mediation) or full day mediation (4-8 hours).
For parenting matters, FDR is mandatory before filing a parenting application in court.
Exceptions exist, but generally, parties must genuinely attempt FDR before seeking court orders.
For Property Matters, parties must make a genuine effort to try to resolve their dispute before filing an application in court. Exceptions exist, but generally, parties must participate in a form of alternative dispute resolution such as Family Dispute Resolution.
FDR Practitioners cannot give legal advice or impose decisions.
Their role is to guide discussions and help parties find mutually acceptable solutions whilst remaining focused on the child's best interests.
Please contact us if you have further questions or book your Intake.
Parties have the opportunity to maximize self-determination in the legal process.
Parties can get creative in coming up with solutions that work for the children and parents.
The process is constructive, collaborative and child focused and can also provide the rare opportunity for healing and closure post separation.
For parenting matters, prior to filing an application in Court, it is a requirement that parties first attend Family Dispute Resolution and make a genuine effort to resolve that dispute unless a legal exception applies.
No.
Your FDR practitioner will undertake a thorough suitability assessment as part of the intake process to ensure participants feel safe and able to negotiate freely.
FDR is a voluntary process, no party should feel forced to attend or to sign any agreements.
We can offer virtual zoom mediations and shuttle mediations.
There are various agreements that parties can come to during a mediation. Swift Mediations will provide you with an information pack which includes information on the types of agreements that can be made during your intake. It is always recommended that individuals obtain independent legal advice prior to any mediation (referrals to private and free legal services will be provided at your intake).
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