Family Dispute Resolution and Mediation
Family dispute resolution and mediation offer you an opportunity to negotiate an outcome assisted by an independent mediator that suits you rather than have a Court impose a decision on you.
Gideon has over 30 years experience as a lawyer. He is a Nationally Accredited Mediator, and registered Family Dispute Resolution Practitioner.
His aim is to facilitate you resolving your dispute efficiently, with a focus on the needs of the children, with respect and remaining neutral at all times.
Initiate Family Dispute Resolution
Book in a time to speak with Gideon about initiating Family Dispute Resolution
Intake
Gideon will speak with each of you about your family situation, assess if Family Dispute Resolution is suitable and explain the process of mediation
Mediation
Gideon will work with both of you to identify issues that need to be resolved, and facilitate workable solutions that are in the best interests of your children
What is Family Dispute Resolution
Family Dispute Resolution (FDR) is a special type of mediation for helping separating families to come to their own agreements.
An FDR practitioner is an independent person who can help people discuss issues, look at options and work out how best to reach agreement in disputes about children.
The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through Family Dispute Resolution (FDR) before filing an application for parenting orders in court.
This requirement also applies to anyone wanting to make changes to an existing parenting order. There are a few exceptions to this requirement, such as cases involving family violence, child abuse or urgency.
Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from an FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.
An FDR practitioner can also assist separating families to agree on arrangements for their property without going to court.
FDR is confidential and is not admissible under the Family Law Act. However, this only applies when FDR is done with an FDR practitioner is accredited by the Attorney-General’s department or who is authorised by a Court. Any other form of mediation is not protected under the Family Law Act.
Starting Family Dispute Resolution
Once someone engages an FDR practitioner, the practitioner will usually invite the other person to a mediation session. The practitioner will advise the other person that if they don’t attend the mediation, the practitioner may need to issue a certificate so that the first person can make an application to a family law court.
The FDR practitioner will assess if FDR is suitable for the family situation. This includes considering issues such as family violence, safety, equality of bargaining power, risks to children, the emotional and psychological health of participants and any other issues that they think may make FDR unsuitable.
The FDR practitioner should also explain their role and the process of mediation so each party understands clearly what is expected and the potential outcome of the mediation.
What happens in Family Dispute Resolution
The FDR practitioner will help to identify the issues that need to be resolved and encourage each party to listen to the other’s point of view.
The FDR practitioner will try to keep each person on track and focussed on the children. Ideas and options will be shared with the aim of coming up with workable solutions that are in the best interests of the children.
Sometimes it’s not suitable to have each person in the same room so the practitioner may arrange to go back and forth from different rooms. This is called ‘shuttle mediation’. Sometimes it is necessary for the mediator to talk individually with each party to help move issues along or to discuss options for negotiation.
The participants will be helped to develop a parenting plan to set out arrangements for the children. An FDR practitioner will also check that everyone understands what is being said and agreed upon.
After Family Dispute Resolution
If you reach an agreement on arrangements for your children, this can be recorded as a parenting plan. A parenting plan must be in writing, dated and signed by both parents. Your agreement or parenting plan can include mechanisms to change arrangements and resolve disagreements. Parenting plans can be renegotiated over time, if necessary.
Be aware that any changes to the care arrangements for your children can affect child support, income support, and family assistance payments. Special rules apply about including child support in your parenting plan. For example, if your parenting plan specifies amounts for child support, Child Support cannot enforce it unless it is also a valid child support agreement, and you or the other parent ask Child Support to accept it.
If you want to make your final parenting plan agreement about your property/financial arrangements legally binding, you can apply to the court to have your agreement made into a Consent Order. You can do this yourself or ask your lawyer to do it for you.
When Family Dispute Resolution is unsuccessful & certificates
If the mediation is not successful for whatever reason, an accredited Family Dispute Resolution practitioner can issue a certificate to allow an application to be made to a family law court. The certificate is called a ‘Section 60I certificate’ and can only be issued by an accredited Family Dispute Resolution practitioner.
A Section 60I certificate can also be issued if FDR is not appropriate for the particular situation. This could mean there are concerns about family violence, the safety of the parties and risks to children, the ability for each party to be able to negotiate, or other issues the practitioner feels are relevant.
The Section 60I certificate will say one of the following things:
- the other party did not attend
- you and the other party attended and made a genuine effort to resolve the dispute
- you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute
- the FDR practitioner decided your case was not appropriate for FDR, or
- the FDR practitioner decided it was not appropriate to continue part way through the FDR process.
Fees*
| Service | Price |
|---|---|
|
Initiating Family Dispute Resolution and issuing invitations to attend |
Free |
|
Intake Session |
$300 + GST per person |
|
Half Day Mediation |
$1,200 + GST per person up to 4 hours |
|
Full Day Mediation |
$1,800 + GST per person up to 6 hours |
|
Additional hours |
$300 + GST per hour per person (billed in minimum 15 minutes increments) |
|
Section 60i Certificate |
$300 + GST payable by the person requesting it |
About
Gideon Super
Mediator
Gideon is a Nationally Accredited mediator and registered Family Dispute Resolution Practitioner (FDRP)
Gideon was admitted as a lawyer in 1993 and has over 30 years’ experience. He continues to run a legal practice acting for private clients predominantly in family law matters and providing family dispute resolution and mediation services.
His focus is on providing a secure negotiation environment in which participants are asked to focus on the needs of their children and make some important decisions for themselves. All participants are treated with respect and empathy. The fact that there is conflict is recognised.
Gideon places high importance on the participants understanding the process so they do not come to mediation or family dispute resolution feeling intimidated by the prospects of what might happen.
