Family Dispute Resolution & Mediation
Family Dispute Resolution is the name in the Family Law Act for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other. You may have reached a point where you can’t agree on issues concerning your property, children, or money. You may not be able to talk to each other at all.
Family dispute resolution can help you sort out these issues without going to court. If you can resolve your differences you’ll save yourself time, money and a whole lot of stress. Court rooms may prolong such difficult times. Family Dispute Resolution will reduce the duration of such a difficult period and the costs involved.
Through the advances of technology there now exists the opportunity to resolve issues online without the need for physical attendance at a specific mediation venue or location. Family Resolve for the first time offers a collaborative, interactive, online dispute resolution experience, keeping parties focused on addressing their separation issues like never before. Family Resolve uses technology to facilitate the resolution of disputes between separating parties.
Both partners may experience a range of emotions which include a sense of loss, grief, pain, anger and failure. Family Dispute Resolution (FDR) is a practical way for separating families to try to resolve any disagreements and make arrangements for the future.
Should parties wish to proceed to court for unresolved parenting matters, we are accredited Family Dispute Resolution Practitioners (FDRP’s) that are authorised by the Attorney General’s department to issue S60I certificates for such instances.
What is compulsory family dispute resolution & Section 60I Certificates?
If you want to apply to the court for a parenting order, you will need a S60I certificate from a registered family dispute resolution provider which confirms that an attempt at family dispute resolution was made. FDR can help you to agree on a range of issues relating to property, money, and most importantly – your children. Parties intending to apply for financial and property orders are encouraged to resolve disputed issues before filing an application for property matters.
Certificates can only be given by FDR practitioners accredited under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
Section 60I of the Family Law Act 1975 (the Act) as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006 provides that all persons who have a dispute about children (under Part VII of the Act) must make a genuine effort to resolve that dispute by family dispute resolution before they can litigate.
Parties intending to apply for financial and property orders are encouraged to resolve disputed issues before filing an application for property matters.
Unfortunately if the other party does not want to attend mediation we have no power to compel them to participate. However, if they refuse to participate, you can request a S60I certificate to initiate legal proceedings for parenting matters and use as evidence of attempted resolution for property matters in any court proceedings.
Family Dispute Resolution offers a better way to resolve separation, divorce and family conflicts:
- The focus is on moving forward and finding resolution, rather than assigning blame
- Mediation helps avoid adversarial and costly legal battles
- Mediation allows parties to retain control over the outcome
- Mediation allows for creative solutions
Many couples find that the most efficient and best way of negotiating these issues is by working with a specially trained and impartial Family Dispute resolution Practitioner (FDRP). The FDRP can help to keep you both on track, despite your differences, your strong emotions and communication difficulties, and can, in most cases, help you to relieve much of the anxiety over these issues.
This can make all the difference in your recovering from your divorce or separation and moving on with your life. Family Dispute Resolution allows the two of you to get through your separation and divorce with less conflict than you would experience in an adversarial court setting.
As a team of specialist family mediators, Family Resolve provides the ideal online environment for the resolution of all family and separation issues in dispute, without the need for a courtroom. All issues that are addressed in the courtroom can be resolved in an efficient mediation process with a Family Dispute Resolution Practitioner.
Maintain Control of your Decisions and Options
The thought of going to court is intimidating. Family Dispute Resolution is a new approach to separation – one where the focus is on working together post separation, guided by a family dispute resolution practitioner.
Family separation, divorce and de facto mediation maintains control over your individual and family’s futures. With the assistance of a family dispute resolution practitioner, you and your partner will explore options in relation to resolving financial and parenting matters; including:
- the division of assets and liabilities,
- how long term decision about your children’s welfare will be made,
- establish co-operative parenting arrangements for the future,
- attending to financial support for your children and you.
Family Resolve will provide the opportunity for you and your former partner to reach agreement about disputed matters, without a judge or a court imposing decisions upon you – you maintain control.
In relation to living with and spending time with arrangements for children there is great emphasis on the importance of a continuing relationship between a child and a parent, and the benefits a child gains from parents co-operating with one another, as far as practicable, to protect and safeguard the interest of any child. Family Resolve works with separating families to best achieve this.
For more information please visit the site of the Australian Mediation Association
